Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 204
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construction costs of the onshore grid
connection will be borne by the OWF owner.
After the development the transmission installations can be sold to the TSO. The TSO
has the right of first refusal and the investor
will have to notify the TSO of its intentions
to sell these installations. In specified cases,
the TSO is also granted an option to purchase the transmission installations which, however, can only be exercised before the grid
connection agreement has been concluded
by the investor and it only applies to OWFs
for which the investor has not been granted
the right to cover the negative balance. In
both scenarios, the purchase price will be
determined based on the rules indicated in
the Offshore Wind Act.
In addition to the construction costs, the
OWF owner will need to pay a compensation for the expropriation of the lands,
or the limitation of the rights to the lands
used for the grid connection. The amount
of compensation is subject to negotiations
between the landowner, and the governor
of the province (wojewoda). In the case of
a failure in the negotiations, the amount of
compensation is determined by the governor of the province (wojewoda) based on
an appraisal report drawn up by a property
appraiser.
Poland
6. REAL ESTATE
6.1 Rights over land to be secured
The OWF location permit covers the permission to use the respective maritime area
of an EEZ for the OWF, whereas the OWF
cable permit and the EEZ cable location
approval include the respective right to use
the seabed for cable system installation.
As mentioned above the rights to the land
for transmission networks and installations
used to transmit power from an OWF will be
secured based on the investment location
decision issued by the governor of province
(wojewoda).
6.2 Costs and risk of legal challenges
In general, there is no risk concerning
possible successful challenges of the rights
to use the land. As explained above, the
rights to use a specific area are included in
the relevant permits and approvals which
become final and binding upon the expiry of
the respective remedy periods.
