Offshore Wind Worldwide 2022 edition - Flipbook - Page 119
Offshore Wind Worldwide 2022
I. State and future
of Offshore Wind Projects
One reason for the low level in Japan can be
attributed to the delay in promoting offshore
wind power, particularly offshore wind
power generation facilities in territorial
waters where large-scale power generation is
feasible. This delay was, in part, caused by
the fact that the legal landscape concerning
the use rights of general sea areas was
previously unclear. For instance, the basis
for granting the right to use territorial sea
areas was drawn from the Port and Harbor
Act (“PHA”) together with local government
ordinances on the management of national
property (“LGOs”). However, the occupation
period for the offshore areas at sea under the
LGOs was generally understood to be
between three and five years, which is too
short to operate offshore wind projects.
Further, under the LGOs the stakeholders’
adjustment rules were unclear.
A. E
nactment of new act for
development of offshore
renewable energy projects
As a result of these uncertainties, in
December 2018 the Act regarding Promotion
of the Use of Sea Areas to Develop Offshore
Renewable Energy Facilities1 (the “New Act”)
was enacted with the aim of, among other
things, expanding the introduction of
offshore wind power generation. The New
Act took effect on 1 April 2019.
In the three years since the enactment of the
New Act, five new promotion areas for
offshore wind projects have been designated
1
119
by the national government (such areas
when designated, “Promotion Zones”).
Significant other changes have also been
introduced, such as the implementation of a
tender process for the selection of business
operators in Promotion Zones.Another
important development came in July 2020,
with the establishment of the Public-Private
Sector Council (Kanmin Kyogikai). Its goal is
to (i) strengthen the offshore wind industry’s
competitiveness by promoting the
introduction and expansion of offshore wind
power generation through the New Act, (ii)
strengthen the competitiveness of related
industries, and (iii) develop domestic
industrial clusters and infrastructure in a
manner that unites the public and private
sectors. The council’s Offshore Wind
Industry Vision of 15 December 2020 (first
edition) (“First Industry Vision”) states that
the government’s targets for the introduction
of new projects are: “for the next ten years, to
continue designating areas for projects
producing approximately 1 GW annually; by
2030, to foster projects producing 10 GW
annually; and by 2040, to have projects
producing 30 - 45 GW annually (including
floating wind farm projects).”
Significantly, the New Act also (i) stipulates
that the territorial sea area can now be
occupied for up to 30 years, (ii) clarifies the
rules for adjusting stakeholders’ interests
and (iii) introduces a public auction system
to promote the development of long-term,
stable and efficient power generation
businesses.
Kaiyou Saiseikanou Enerugi Hatsudensetsubi no Seibi nikakaru Kaiiki no Riyou no Sokushin nikansuru Houritsu (Act No. 89 of 2018).