Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 37
Offshore Wind Worldwide 2023
6. REAL ESTATE
6.1 Rights over land to be secured
With respect to offshore areas, the rights
over land for offshore wind generation are
governed by specific regulations and procedures. The grant of rights over the land in
these offshore zones is discussed in section
1 above.
In addition, note that the allocation and
utilization of these offshore areas are impediments and conditions for offshore wind
development in the Maritime Spatial Plan
(Planejamento Espacial Marinho or PEM)31
and other related regulations established by
the government.
For the first phase of offshore wind development, specific zones within the EEZ were
determined and granted to wind developers
through the licensing process. The allocation
of these zones was defined by the Brazilian
government and established through ministerial decrees.
For future phases of offshore wind development, new zones will be determined in
the PEM and subsequent regulations. The
government is expected to open a tender
process for the allocation of these zones to
wind developers in the coming years.
With respect to onshore areas, the rights
over onshore land are primarily related to
the grid connection infrastructure. The
responsibility for securing the use of ons-
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hore land for the grid connection lies with
the TSO and is typically addressed through
private licenses or agreements with private
landowners or municipalities.
Offshore wind farm owners and developers
do not need to directly handle the issues
related to onshore land use, as the TSO is
responsible for these matters.
Overall, the rights over land for offshore
wind generation are obtained through a
licensing process and are subject to the
regulations and procedures established by
the Brazilian government and its instrumentalities. Apart from IBAMA, other federal
agencies are required to express their views
during the environmental licensing process,
as detailed in section 3.2. The specific zones
and allocation of these rights are determined in the PEM and subsequent regulatory
documents.
6.2 Costs and risk of legal challenges
As detailed in section 1.2, MME grants authorization for the utilization of Public Assets
located in inland waters, territorial seas,
EEZs, and continental shelves for the purpose of offshore wind power generation upon
the execution of an onerous agreement.
Guidelines and procedures for assigning water rights in public waters and determining
the compensation owed to the Brazilian government were established by SPU, provided
that it is mandatory to have an assessment
of whether a bidding process is required.32
31 See also: https://www.marinha.mil.br/secirm/pt-br/psrm/pem (in Portuguese only).
32 As established by Ordinance SPU No. 404/2012.
