Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 214
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Republic of Korea
30 days of the sale of electricity at the
latest.
Korea‘s Electric Power Source Development Promotion Act ("EPSDP Act")
provides a partial "fast track" alternative
to the general permitting processes set
out above for strategically important renewable energy projects. The EPSDP Act
generally provides that certain permits
otherwise required for project development (including the PWOP and the development permit based on the National
Land Planning and Utilisation Act ("NLPU
Act")) are deemed to be obtained if the
MOTIE approves the implementation
plan under the EPSDP Act, prepared by
the developer.
Three bills on wind power, however, have
been proposed by lawmakers and are
pending before the National Assembly.
These bills are expected to change a
regulatory frame such as the location of
offshore wind power, resident acceptance and business permit such that it
would be interesting to see how discussion develops. These bills in general aim at
(i) tackling the issue of reckless development with state-led site discovery and
designation, (ii) enhancing acceptance
by stakeholders, including local residents
and fishermen, and (iii) developing the
wind power industry through simplified approval/license process. These
bills also propose a process to obtain
licenses and approvals, largely in a similar
structure, which are in the order of (i) designation of a tentative site, (ii) establishment of basic designs for the tentative
site, (iii) selection of a project developer,
(iv) designation of a development site,
(v) selection of a project operator, (vi)
approval of the implementation plan,
(vii) appropriation of land, etc., and (viii)
commencement of construction and
application for completion approval.
If these bills are passed, procedures
relating offshore wind projects, such as
selecting a site, are likely to be led by the
Government.
(b) Onshore Grid Connection
Any onshore facility to be constructed in
connection with an OWF development,
such as an onshore substation, requires
the prior issuance of a development
permit from the local government in
accordance with the NLPU Act.
Once the development permit is issued,
the following permits and approvals specified under the NLPU Act are deemed to
have been issued, provided that:
(i)
those permits/approvals are related to the "development"“ at issue;
and
(ii)
all application documents for
those permits/approvals are submitted for the development permit
application:
(1) permit to use agricultural land
for non-agricultural purposes –
Farmland Act;
(2) permit to use forest for non-forestry purposes – Mountainous
