Offshore Wind Worldwide 2022 edition - Flipbook - Page 111
Offshore Wind Worldwide 2022
Insofar as pollution control clearances are
concerned, note that a notification of the
Central Pollution Control Board currently
identifies wind energy as a ‘non-polluting’ or
‘white category’ industry for which no
consent to establish or operate is required
(as is required for other industries) under
the Air (Prevention and Control of Pollution)
Act, 1981 and the Water (Prevention and
Control of Pollution Act), 1974.24 However,
given that the process of establishment of
offshore wind projects would be different
from the process of establishment of onshore
wind farms, it appears that the Central
Pollution Control Board at the time of
notification may have only contemplated
onshore wind projects (although there is no
guidance in its notification in this regard).
C. Permitting process
The authorities identified in the response
above are the issuing authorities for the
approvals identified in the Offshore Wind
Policy. The Offshore Wind Policy also
indicates that the MNRE would come out
with a clear time schedule for approvals and
clearances to facilitate developers— however,
it has not yet been issued. The framework set
out in the Offshore Wind Policy is that Stage
I or ‘in principle’ clearances would be
obtained by NIWE from the Ministry of
Defence, Ministry of Home Affairs, Ministry
of External Affairs, Ministry of Environment,
Forests and Climate Change and the
Department of Space prior to notification of
blocks for ICB process. However, postallocation, developers would have to pursue
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formal clearances from the concerned
authorities, although NIWE would act as an
overall coordination agency to facilitate the
process with respect to the approvals
identified in section II.B. above. The process
for obtaining the approvals differs based on
the approval required and the statute in
terms of which such approval is required.
The approvals would be binding on issuance
but are valid only so long as the conditions
specified in such approvals are being
adhered to by the developer. ‘In principle’
clearances would of course be conditioned
on grant of final approvals at the appropriate
stage of the project. Certain approvals are
granted with fixed validity periods and
would have to be renewed from time to time
while others are conditioned on certain
activities commencing or being completed
within a specified timeframe, failing which
the approval would lapse.
D. T
imeframe for
he realization of the project
While the bid documents for India’s first
offshore wind project have not yet been
released, note that generally bidders who
have been awarded with concessions for
development of offshore wind power
projects, would likely, as is the case for other
power projects, be required to complete
identified conditions precedent within
prescribed timeframes and also in terms of
project progress and completion be required
to meet certain specified milestones. Details
of this would become clearer once the bid
documents are released.
24 Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Circular dated 7 March 2016.