Offshore Wind Worldwide 2022 edition - Flipbook - Page 56
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pursuant to the Habitats Directive (Natura
2000).
The Danish TSO, Energinet, is responsible
for the construction and operation of the
onshore GCS, while the developer is
responsible for the construction and
operation of the offshore GCS.
C. Permitting process
Licences can be obtained through the DEA
which operates as a one-stop shop in this
matter.
1.Licence to carry out preliminary
investigations
The DEA provides a licence which is valid
for one year. The purpose is to investigate
the location of the OWTGs. The developer
will have to send a preliminary
investigation report to the DEA which
may include the assessment of the
project’s impact on the environment.
Energinet will conduct the preliminary
investigations if the OWF is part of a
tender. In practice, the SEA, additional
environmental surveys and onshore EIA
are carried out by Energinet prior to the
tendering of the wind farm and the
developer will subsequently carry out only
the project-specific offshore EIA before
the OWF can be established.
2.Construction licence
A construction licence is necessary in
order to establish the OWTG. The licence
will be granted after the developer sends
an application with the results of the
preliminary investigations, including the
Hogan
Lovells
Denmark
EIA and a detailed project description. If
the environmental assessment in relation
to the preliminary investigations are not
sufficiently specific concerning the
project, a supplementary EIA will be
required in order to obtain the
construction permit.
3.Licence for the utilisation of energy
The licence entitles the developer to
exploit the wind power from the facility. It
will be given when the construction of the
wind farm has been completed. The
purpose of the licence is to document that
all the terms in the licence for
construction have been satisfied. The
licence is usually given for a period of 25
years with the possibility of extension.
It is generally possible for anyone with an
individual and significant interest in the
licences to appeal the DEA’s decisions to the
Danish Energy Board of Appeal within four
weeks after the licences have been granted.
With respect to the construction licence,
environmental organisations may under
certain condition also be entitled to appeal.
The construction licence and the licence for
utilisation of energy cannot be utilised before
the expiration of the deadline for complaints.