Offshore Wind Worldwide 2022 edition - Flipbook - Page 24
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It is expected that domain concessions over
these zones will not be tendered before the
end of 2023 (see supra Point E. Simplified
flow chart regarding timeline “Princess
Elisabeth Zone” – second offshore wind
phase). Onshore, the respective operator/
owner of the installation which uses the land
needs to secure such use by means of a
private law licence/use agreement in case of
private landowners or municipalities. Since
the use of onshore land plots is only required
for the onshore grid connection, and since
this falls under the responsibility of the TSO,
the OWF owners and developers do not need
to take care of these issues.
HoganBelgium
Lovells
VII. Other
Protection of the marine environment and
coastal protection are also laid down in the
MSP, and should be taken into account when
constructing an OWF.
Every offshore energy park shall also be
surrounded by a safety zone of at least 75m
around each wind turbine and 500 meters
around the park according to a recent Royal
Decree (of 4 February 2020)36 , as from the
moment of construction until the
dismantlement.
B. Costs and risk of legal challenges
The domain concessions are granted by
Ministerial Decree and could be amended
over time but any such amendments will be
accompanied by compensation due by the
government.
The responsibility for the construction and
operation of the GCS is with the relevant
TSO; in the case of interruptions in the
operation or delays in completion of the
GCS, the OWF owner is entitled to receive
compensation (see supra Point C. Incentives
for investments and Point E. Simplified flow
chart regarding timeline “Princess Elisabeth
Zone” – second offshore wind phase ).
36 Art. 5 of the Royal Decree establishing safety zones in sea areas under Belgian jurisdiction.