Offshore Wind Worldwide 2022 edition - Flipbook - Page 160
160
HoganofLovells
Republic
Korea
The Environmental Impact Assessment
Act generally requires that wind power
projects with generation capacity of
100MW or more complete an EIA to
formulate measures for preventing,
alleviating or mitigating negative impacts
of the proposed project on the
environment prior to commencement of
construction. On the other hand,
construction of wind power projects with
generation capacity less than 100MW may
be subject to a small-scaled EIA,
depending on the facts and circumstances
(and location) of the proposed project.
Following obtaining all relevant permits
for the construction, OWFs with
generation capacity of 10MW or more
must obtain approval for their
construction plan from the MOTIE. If the
generation capacity is less than 10MW, the
developer only needs to notify the MOTIE
of its satisfaction of applicable
construction standards prior to
commencement of construction.
The Korea Electrical Safety Corporation
must inspect newly constructed wind
power generation facilities, both when
their foundations are constructed and
when the entire construction is complete
and prior to COD, and, if the KNREC
determines that a facility qualifies for
RECs, it will determine the applicable REC
multiplier.
Following construction, developers of OWFs
exceeding 3MW must notify the MOTIE of
COD “without delay”, within 30 days of the
sale of electricity at the latest.
Korea’s Electric Power Source Development
Promotion Act (“EPSDP Act”) provides a
partial “fast track” alternative to the general
permitting processes set out above for
strategically important renewable energy
projects. The EPSDP Act generally provides
that certain permits otherwise required for
project development (including the PWOP
and the development permit based on the
National Land Planning and Utilisation Act
(“NLPU Act”)) are deemed to be obtained if
the MOTIE approves the implementation
plan under the EPSDP Act, prepared by the
developer.
Under the 9th S&D Basic Plan published on
December 29, 2020, the MOTIE announced
its plans to actively encourage (i) large-scale
projects (with capacity greater than 40MW)
listed in the 9th S&D Basic Plan (ii) largescale projects not listed in the 9th S&D Basic
Plan that obtain EBLs in the future and (iii)
projects that are likely to have a significant
positive impact on the local economy
through application of the fast track process
under EPSDP Act by supporting the
developers in the course of obtaining
implementation plan approval under EPSDP
Act. 107 offshore and onshore wind power
projects and 28 solar projects are listed in
the 9th S&D Basic Plan.