Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 78
78
Denmark
6. REAL ESTATE
7. OTHER
6.1 Rights over land to be secured
The developer must negotiate with, and
compensate, local landowners, if the onshore cable routing runs through their land.
Securing land between the OWF and the grid
is the developer’s responsibility. If a landowner does not wish to enter into an agreement, the developer can apply to the Danish
Safety Technology Authority for permission
to expropriate the land under the Electricity
Safety Act.
7.1 Compensation for
commercial fishermen
The developer must contact commercial
fishermen in the area concerned for the
purpose of negotiating potential compensation for the fishermen’s documented loss
of earnings pursuant to the Danish Fisheries
Act. The organisation, Danish Fishermen PO,
handles the compensation negotiations on
behalf of its members,
but it does not represent all commercial
fishermen in Denmark.
No offshore land rights shall be secured
for the construction and operation of the
OWFs. Further, the required licences granted
for the construction and operation of the
OWFs in Danish territorial waters, the continental shelf, or in the EEZ do not confer any
ownership rights of the territories concerned to the licensee.
6.2 Costs and risk of legal challenges
Not relevant for offshore projects as described in section 6.1.
7.3 Labour clause
For tendered nearshore wind farms or
OWFs, the concession agreement will include a labour clause. Under the labour clause,
the developer must ensure that salaries and
employment conditions of employees are
not less favourable than those established
by a collective agreement entered into by
the most representative social partners
in Denmark within the trade or industry
concerned and which apply to the entire
territory of Denmark for works of the same
character.
7.4 Social clause
(creation of apprenticeships)
The concession agreement will also include
a social clause under which the developer
must ensure that a certain number of positions that are relevant to the construction
work and subsequent on-site operation
and maintenance of an OWF are filled with
apprentices.
