Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 213
Offshore Wind Worldwide 2023
marine environment (a process referred
to as "Sea Area Utilization Consultation")
under the Marine Environment Management Act. Furthermore, with respect
to any OWF with a generation capacity
greater than 50 MW, the PWMA is also
required to request the MOF to perform
a sea area utilization impact assessment,
unless such OWF is subject to any required environmental impact assessment
("EIA").
In addition, the developer may also
need to conduct a marine traffic safety
examination to obtain the PWOP for the
installation of WTGs. This is to evaluate
potential impacts on marine traffic by
the proposed construction of facilities
(such as undersea cables) and the status
of marine traffic, traffic congestion level,
appropriateness of marine traffic system, safety plan for marine traffic, etc. all
pursuant to Korea‘s Marine Safety Act.
This is not required if it is impossible for
vessels to travel in the proposed project
site or if the site is located more than
5km from areas where vessels frequently
travel.
If the proposed project site covers an
area greater than 30,000m2, the developer must commission a "buried cultural heritage inspection institution" to
complete a ground surface inspection
to determine the existence of cultural
heritage sites or artifacts within the
proposed project site in accordance with
the Act on Protection and Inspection of
Buried Cultural Heritage.
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The Environmental Impact Assessment
Act generally requires that wind power
projects with generation capacity of
100 MW or more complete an EIA to
formulate measures for preventing,
alleviating or mitigating negative impacts
of the proposed project on the environment prior to commencement of
construction. On the other hand, construction of wind power projects with
generation capacity less than 100 MW
may be subject to a small-scaled EIA, depending on the facts and circumstances
(and location) of the proposed project.
After obtaining all relevant permits for
the construction, OWFs with a generation capacity of 10 MW or more must
obtain approval for their construction
plan from the MOTIE. If the generation
capacity is less than 10 MW, the developer only needs to notify the MOTIE of its
satisfaction of applicable construction
standards prior to commencement of
construction.
The Korea Electrical Safety Corporation
("KESCO") must inspect newly constructed wind power generation facilities,
both when their foundations are constructed and when the entire construction is complete and prior to commercial
operations date ("COD"), and, if the
KNREC determines that a facility qualifies
for RECs, it will determine the applicable
REC multiplier.
Following construction, developers of
OWFs exceeding 3 MW must notify the
MOTIE of COD "without delay", within
