Offshore Wind Worldwide 2022 edition - Flipbook - Page 47
Offshore Wind Worldwide 2022
permits required for construction
activities on land, issued by the local
counterpart of the MOHURD; and
2.the Grid Companies generally manage the
permits and procedures related to the use
of the onshore areas in connection with
the construction of grid connection
facilities and power transmission lines for
which the Grid Companies are
responsible.
B. Costs and risk of legal challenges
The developer must pay a fee to the Local
SOA to use the sea areas and any
uninhabited island in connection with the
offshore wind power project. The payment
standard and payment cycle of the fee is
determined by the Notice on Improving the
Administration on Collection of Sea Areas
Use Fee and the Notice for Issuing the
Measures on the Administration of
Collection and Distribution of the Charges on
Using Uninhabited Islands, and the
Regulations on the Adjustment of Fees for
the Use of Sea Areas and Uninhabited
Islands.
The MOF and the SOA set a national
standard for the collection of such fee. The
local counterpart of the MOF and the Local
NEA can formulate their own fee collection
standard based on the national standard but
adjusting it to suit the marine resources and
the particular needs of the province.
If there are fishery facilities located on the
site of the offshore wind power project, the
developer may need to negotiate and agree
an appropriate amount of compensation
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with the owner of these facilities on a
case-by-case basis, or pay compensation
based on the local compensation standards.
The right to use the sea areas is protected by
law once registered with the SOA upon the
issuance of the Certificate of Use of Sea
Areas. Such right is issued for a specifically
approved purpose of use of the sea areas that
is stated on the Certificate of Use of Sea
Areas. The developer cannot change that
purpose of use of the sea areas without the
SOA’s authorisation and is responsible for
protecting and utilising the sea areas
reasonably in accordance with law. For
example, the local People’s Government is
entitled to issue a warning letter and
corrective orders, impose fines, confiscate
illegal gains, order to cease business
operations or even shut down the project, in
case of a violation of the laws and regulations
on the protection of the marine environment.
Additionally, during the period of use of the
sea areas in accordance with the Certificate
of Use of Sea Areas, the developer must not
engage in basic marine surveying without
approval by the competent military
surveying and mapping department.