Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 121
Offshore Wind Worldwide 2023
the day prior to the measure or otherwise
without undue delay. The grid operator to
whose grid the relevant OWTG is connected
is obliged to compensate the affected owner for the lost feed-in revenues less saved
121
expenditure (cf. sec. 15 of the Renewable
Energies Act). The grid operator is entitled to
consider the costs for the compensation for
feed-in management measures in the grid
fees.
6. REAL ESTATE
6.1 Rights over land to be secured
In the German Exclusive Economic Zone
("EEZ“"), no particular land rights need to be
secured since this area is not owned by anyone. Although Germany has certain sovereign rights in the EEZ, these are functionally
limited. Under territorial law, the EEZ, is therefore "no man‘s land." Neither Germany nor
any other state owns the seabed in the EEZ.
The relevant permission to use the respective land in the EEZ is included in the planning
approval or planning permit issued under
the Offshore Wind Energy Act.
The seabed within the 12nm zone is technically a land plot or consists of multiple
land plots owned by the Federal Republic of
Germany. The respective right to use such
property for WTG or cable system installations is included in the respective planning
approval.
Onshore, the respective operator/owner of
the installation, which uses the land, needs
to secure such use by means of private law
licence/use agreement in case of private
landowners or municipalities. Since the use
of onshore land plots is only required for the
onshore grid connection and since this falls
under the responsibility of the TSO, the OWF
owners and developers do not need to take
care of these issues.
6.2 Costs and risk of legal challenges
In general, there is no risk regarding possible
successful challenges of the rights to use the
land. As explained above, in the exclusive
economic zone (EEZ) and within the 12nm
zone the right to use the land is included in
the planning approval or planning permit
which becomes final and binding upon
expiry of the respective remedy periods. The
responsibility for the construction and operation of the GCS is with the relevant TSO;
in case of interruptions in the operation or
delays in completion of the GCS, the OWF
owner is entitled to receive a compensation
(see above).
