Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 74
74
4. PERMITTING PROCESS
Licences can be obtained through the DEA
which operates as a one-stop shop in this
matter.
4.1 Licence to carry out
preliminary investigations
The DEA provides a licence which is valid
for one year. The purpose is to investigate
the location of the OWTGs. The developer
will have to send a preliminary investigation
report to the DEA, which may include the
assessment of the project’s impact on the
environment. Energinet will conduct the
preliminary investigations if the OWF is part
of a tender. In practice, the SEA, additional
environmental surveys and onshore EIA are
carried out by Energinet prior to the tendering of the wind farm and the developer will
subsequently carry out only the project-specific offshore EIA before the OWF can be
established.
4.2 Construction licence
A construction licence is necessary in order
to establish the OWTG. The licence will be
granted after the developer sends an application with the results of the preliminary
investigations, including the EIA and a detai-
Denmark
led project description. If the environmental
assessment in relation to the preliminary
investigations are not sufficiently specific
concerning the project, a supplementary EIA
will be required to obtain the construction
permit.
4.3 Licence for the utilisation of energy
The licence entitles the developer to exploit
the wind power from the facility. It will be
given when the construction of the wind
farm has been completed. The purpose of
the licence is to document that all the terms
in the licence for construction have been
satisfied. The licence is usually given for a
period of 25 years with the possibility of
extension.
It is generally possible for anyone with an
individual and significant interest in the
licences to appeal the DEA’s decisions to
the Danish Energy Board of Appeal within
four weeks after the licences have been
granted. With respect to the construction
licence, environmental organisations may,
under certain conditions, also be entitled
to appeal. The construction licence and the
licence for utilisation of energy cannot be
utilised before the expiration of the deadline
for complaints.
