Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 30
30
Brazil
(b) independent assignment, which involves
the assignment of prisms upon request
by interested parties who express their
intention to explore those areas.
Once the project developer secures the usage rights, they are contractually obligated to
conduct comprehensive studies in order to
identify potential levels of offshore energy
production. These studies must adhere to
specific criteria and deadlines outlined in a
directive issued by the MME.
3.2 Licensing process of
offshore wind farms
The environmental licensing process
includes the following three phases: (i) a
preliminary license, (ii) an installation license,
and (iii) operating licenses. The preliminary
license provides approval of the project’s
location and design, while an installation
license permits the construction of the
project. An operating license grants authorization for the ongoing operation of the
project. Each license represents a distinct
phase in the licensing process, and require
compliance with environmental regulations
and mitigation measures.
Preliminary
License
Instalation
License
Operating
License
Approves the location
and the outline
layout of the wind
prodcution plant
Authorizes the
construction of the
wind production plant
Authorizes the
operation of the wind
production plant
However, for offshore wind energy projects
with up to two wind turbines located near
already licensed maritime structures, the
licensing process can be simplified. Interested parties may request a simplified
environmental licensing process, which also
consists of three phases but requires less
detailed information due to the presence of
nearby infrastructure.
18 As established by Decree No. 8,437/2015.
The environmental licensing of projects located or developed in the Brazilian territorial
sea, continental shelf, or EEZ is the responsibility of the Brazilian federal government
and is conducted by IBAMA.18
(a) Preliminary licensing:
The Preliminary License (LP) certifies the
environmental feasibility of the
