Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 268
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amount by the deadline for achieving the
synchronization of the entire project.
7.2 Amendment to the AC
Under the AC, (1) any change of the promoter(s) of the preparatory office of the
project company; (2) any deviation from the
localisation commitments or other changes
deemed material by the MOEA; and (3) any
change of area or installed capacity of the
wind farm due to a force majeure event or an
excusable event, are subject to the approval
of the MOEA, while any changes to matters
other than those described above only need
to be reported to the MOEA for recordation. As the AC is silent on what constitutes
a "material change", in practice, this issue
would be subject to the MOEA’s discretion
on a case-by-case basis. For example, in
practice, changes in shareholding structure
of the project company would in principle
be governed by the AC and be subject to
the prior approval of the MOEA; and the
definition/scope of change in shareholding
structure in this respect was separately
explained by the MOEA through an official
letter addressed to the project companies in
September 2019.
Comparing with the AC for Phase II of the
Program, while the AC for the Phase III-1 Projects adopts a similar approach in respect of
amendment to the AC, "change in shareholding structure" (as defined under the AC)
has also been explicitly prescribed under the
AC according to which the prior approval of
the MOEA would be required.
Taiwan
7.3 Fishery Right Compensation
According to the EBRR, an agreement with
the fishermen association in respect of the
fishery right compensation is one of the
requisite documents for the application for
the Construction Permit.
Under Article 6 of the Fisheries Act, any person to be engaged in the fishery business
in the public waters or non-public waters
adjacent thereto should obtain a fishing
licence issued by the Council of Agriculture,
Executive Yuan (COA). Under the Fisheries
Act, only fishermen associations or fisheries
production co-operatives may apply with
the competent authority for an exclusive fishery right. Furthermore, any fisherman who
is not a member of a fishermen association
or fisheries production co-operative should
enter into a contract with the fishermen
association or fisheries production co-operative for conducting fishing activities in the
exclusive fishery right of such fishermen
association or fisheries production co-operative.
As OWF projects may adversely impact
fishery rights, the discussion and settlement
with fishermen around the site is crucial. On
November 30, 2016, the COA promulgated
the Standard of the Fishery Right Compensation regarding Offshore Wind Farm (離
岸式風力發電廠漁業補償基準). While the
Fishery Right Compensation Standards are
not compulsory and have no binding effect
on the parties, such standards may serve as
a reference for the negotiation between the
parties.
