Offshore Wind Worldwide 2022 edition - Flipbook - Page 159
Offshore Wind Worldwide 2022
III. Public law and Regulatory Permits
A. Regulatory permits required for the
construction and operation of the
offshore wind farm and the onshore
grid connection
1. O
ffshore wind farm
To engage in an “electrical business” (a
business that primarily generates,
transmits or distributes electricity) in
Korea, a developer must first obtain an
EBL. An EBL for an offshore wind farm
(“OWF”) will only be issued after collection
of at least one year’s meteorological data
for a specific site, which may require the
developer to first obtain a PWOP for
installation of a meteorological
measurement device from the applicable
PWMA.
Following issuance of an EBL, a developer
must again obtain a PWOP from the
PWMA, this time for the installation of the
wind turbine generators (“WTG”s). The
PWMA may grant a PWOP for a period of
up to 30 years. After receipt of this second
PWOP, the developer must formulate a
public waters occupancy implementation
plan and obtain approval of this
implementation plan from the PWMA
within one year of the issuance of the
applicable PWOP (but prior to
commencing construction).
Before granting the PWOP for the
installation of WTGs, the PWMA is
required to consult with the MOF
regarding the appropriateness of the
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proposed utilization of public waters and
impact on the marine environment (a
process referred to as “Sea Area Utilization
Consultation”). Furthermore, effective
September 25, 2020, with respect to any
OWF with a generation capacity greater
than 50MW, the PWMA is also required to
request the MOF to perform a sea area
utilization impact assessment, unless such
OWF is subject to any required
environmental impact assessment (“EIA”).
In addition, to obtain the PWOP for the
installation of WTGs, the developer may
also need to conduct a marine traffic safety
examination, evaluating potential impacts
on marine traffic by the proposed
construction of facilities (such as undersea
cables) and the status of marine traffic,
traffic congestion level, appropriateness of
marine traffic system, safety plan for
marine traffic, etc. pursuant to Korea’s
Marine Safety Act. This is not required if it
is impossible for vessels to travel in the
proposed project site or if the site is
located more than 5km from areas where
vessels frequently travel.
If the proposed project site covers an area
greater than 30,000m2, the developer
must commission a “buried cultural
heritage inspection institution” to
complete a ground surface inspection to
determine the existence of cultural
heritage sites or artifacts within the
proposed project site in accordance with
the Act on Protection and Inspection of
Buried Cultural Heritage.