Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 212
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device will be a 7km radius of such device
and the entire area of the power generation
complex could be built within the area of up
to 80 square kilometres within the Effective
Area. For an onshore measuring device, the
Effective Area is expected to be unified as
a circle of a 2km radius of such device. The
exclusivity period of four-years to install a
meteorological measurement device is likely
to reduce down to three-years instead. The
amendment is expected to be implemented after the Government’s further internal
review. Once the EBL is granted for a certain
Effective Area, the MOTIE will reject subsequent EBL applications for such Effective
Area for an exclusive period of three years.
1.3 Discounted Fee for
Public Water Occupancy
When granting a PWOP, the PWMA is
required to charge the developer an annual
fee for use or occupancy of public waters.
This annual fee is generally set as 0.5% of
the price for the adjoining land. The fee for
PWOP for an offshore wind farm ("OWF"),
however, may be reduced by up to 50% of
this amount. The MOF has plans to adjust
the annual fee level to support the offshore
wind power development.
Republic of Korea
2. PUBLIC LAW AND
REGULATORY PERMITS
2.1 Regulatory Permits required for the
Construction and Operation of the
Offshore Wind Farm and the Onshore
Grid Connection
(a) Offshore Wind Farm
To engage in an "electrical business" (a
business that primarily generates, transmits or distributes electricity) in Korea,
a developer must first obtain an EBL. An
EBL for an OWF will only be issued after
collection of at least one year‘s meteorological data for a specific site, which
may require the developer to first obtain
a PWOP for installation of a meteorological measurement device from the
applicable PWMA.
Following issuance of an EBL, a developer must again obtain a PWOP from the
PWMA, this time for the installation of
the wind turbine generators ("WTG"s).
The PWMA may grant a PWOP for a
period of up to 30 years. After receipt of
this second PWOP, the developer must
formulate a public waters occupancy implementation plan and obtain approval
of this implementation plan from the
PWMA within one year of the issuance
of the applicable PWOP (but prior to
commencing construction).
Before granting the PWOP for the installation of WTGs, the PWMA is required
to consult with the MOF regarding the
appropriateness of the proposed utilization of public waters and impact on the
