Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 46
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2. THE OFFSHORE WIND
PROMOTION SYSTEM
2.1. Regulatory framework
The legal framework governing offshore
wind power projects in China comprises a
large number of laws and regulations issued
over time at the national and local level.
These laws and regulations intertwine with
each other creating a somewhat puzzling
and incomplete picture.
The Renewable Energy Law of the People’s
Republic of China (Renewable Energy Law),
the latest version of which was issued on
26 December 2009, provides the overall
framework governing the development of
the renewable energy sector and projects,
including in relation to wind power.
(a) More specific details are provided by
lower level legislation issued to supplement the Renewable Energy Law. In particular, as regards wind power projects:
(i) the Interim Measures for the Administration of the Development and Construction of Wind Power Projects (Wind
Power Interim Measures) issued on 25
August 2011, regulate the development
and construction of both onshore and
offshore projects; and
(ii) the Measures for the Administration of
the Development and Construction of
Offshore Wind Power Projects (Offshore
Wind Power Measures) issued on 29
December 2016, provide a framework regulation on development plans, project
approval, business licence, site selection,
China
environmental protection standards and
construction and operation of offshore
wind power projects.
Several other laws and regulations, not fully
co-ordinated with each other, provide the
remaining regulatory elements in areas such
as grid operation, grid connection, purchase
of electricity by the grid, selection and award
of projects, availability of subsidies and exploration and use of sea areas.
On 3 April 2020, the Energy Law of the
People’s Republic of China was published
in draft form. It provides guidelines and
imposes high standards on the energy development, and emphasises the role of the
market in allocating energy resources and
giving priority to renewable energy development. When issued in final form, the Energy
Law will serve as the overall framework legislation governing the entire energy sector,
including renewable energy.
(b) Offshore wind power projects involve
many different authorities at various
levels. The main authorities are the following:
(i) the NEA (a bureau administered by the
NDRC) is the Chinese authority overseeing the energy sector. At the central
level, the NEA is responsible for issuing
a nationwide offshore wind power development plan (Offshore Wind Power
Plan), while its branches at the provincial
level (Local NEA) are entitled to formulate their own local Offshore Wind
Power Plans. Taking the Offshore Wind
Power Development Plan of Guangdong
