Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 138
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Government pursuant to a clearly defined
regulatory framework, risks during term of
operation that would hamper operation
are fairly unlikely - although, as described in
section 6, proceedings challenging validity
of disruption of fishing grounds if any or the
compensation paid out may be possible
at the initial stages. As regards right of way
access, if any is required onshore, securing
the same may result in delays; however, once
right of way access has been arranged and
documented with requisite fees having been
paid, it is not common for right of way to be
withdrawn or disrupted during the term of
operation.
FURTHER READING:
‘Global Offshore Wind Report 2022’ published on 29 June 2022 by Global Wind Energy
Council
(https://gwec.net/gwecs-global-offshore-wind-report/)
India
6. OTHER
The Offshore Wind Policy specifies that
project developers are required to avoid
adverse impact to fishing grounds and
ensure minimal impact on the livelihood of
fishing communities in the area. If fishing
grounds are being disrupted, then the
developer is required to compensate the
affected communities in line with Government policies relating to rehabilitation and
resettlement. Note in this regard that in the
event governmental action to facilitate OWF
development results in fishing rights being
disrupted, affected fishing communities
may be able to seek constitutional recourse
to protect their right to freedom of profession and right to life under Articles 19-21 of
the Indian Constitution.
