Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 197
Offshore Wind Worldwide 2023
2. THE OFFSHORE WIND
PROMOTION SYSTEM
2.1 Regulatory framework
The Offshore Wind Act specifically covers a
dedicated support scheme for OWFs (quasiCfDs, and auctions) and introduces certain
solutions facilitating the development, grid
connection, and operation of OWFs, as well
as incentives for the development of local
supply chains. Permit granting processes,
construction, and the operation of an OWF
to great extent remains subject to general
legislation (amended under the Offshore
Wind Act), specifically the Act on Maritime
Areas, the Energy Law, the Renewables Energy Act, the Act on Maritime Safety, the Act
on Providing Information on the Environment and its Protection, Public Participation
in Environmental Protection, and on Environmental Impact Assessments, and the
Building Law. A good source of information
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is the public geoportal of the Spatial Information System of Maritime Administration
(SIPAM). It provides a set of spatial data created on the basis of maritime administration
documents. 20 There can be found applications for location permits for OWFs that are
updated in SIPAM on an ongoing basis, i.e.,
on the day of receipt of information about
the receipt of the application, as well as final
and binding OWF location permits.
2.2 Scheme in relation to the exclusivity to
construct, own, and operate a project, as
well as to receive feed in revenues
The construction of an OWF in Poland is
only possible within an EEZ, and there is a
general prohibition on the development of
OWFs in territorial seas or inside sea basins.
Additionally, according to the Maritime
Areas Spatial Plan OWFs can be located only
within specifies seven maritime areas (areas
covering the Słupsk Shoal, the Middle Shoal,
and the Odrzana Shoal; in total over 2,000
sq. km area). 21
Areas where OWFs can be located
according to Annex no. 2 to the
Offshore Wind Act; Source:
https://sipam.gov.pl/geoportal
20 https://sipam.gov.pl/geoportal
21 The Council of Ministers ordinance of 14 April 2021 is available at: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20210000935/O/
D20210935.pdf (in Polish only)
