Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 133
Offshore Wind Worldwide 2023
Regulatory Commission for such projects in
terms of Section 63 of the Electricity Act.
2.2 Regulatory permits required for
the construction and operation
of the offshore wind farm and
the onshore grid connection
The Offshore Wind Policy identifies the
following key clearances and no-objection
certificates which would be required for the
construction and operation of the Offshore
Wind Farm ("OWF"). The difference between
‘clearance’ and ‘no objection certificate’ as
articulated in the Offshore Wind Policy is
that activity cannot be taken up in the absence of a ‘clearance’ however in case of ‘no
objection certificates’, the same would be
deemed to have been granted upon expiry
of a stipulated timeframe. Key regulatory
stakeholders identified in the Offshore Wind
Policy are set out in the table below. 30
In addition to the above, note that other
approvals which would typically be applicable to renewable power developers would
be applicable to developers of offshore
wind projects. These would include licenses
to operate a factory and the approval of
factory plans in terms of the Factories Act,
1948 (which is a labour and work conditions
and safety-related statute), registration
as principal employer under the Contract
Labour (Regulation and Abolition) Act, 1970
(which applies to engagement of contract
workers including through contractors),
approval from the Chief Inspector to the Government (in terms of the testing and safety
of the equipment installed), evacuation/con30 Supra note 8.
133
nectivity approvals, registration under the
Building and Other Construction Workers
(Regulation of Employment and Conditions
of Service) Act 1996 (applicable to establishments engaging construction or building
workers — further there is an associated
legislation in terms of which employers are
required to contribute cess (which is a type
of tax levied and earmarked for a specified
purpose) based on the construction cost to
the labour welfare fund). No specific employment, health, and safety regulations have
been separately notified for offshore wind at
this stage. While sector specific laws and regulations may be notified in the future, until
then the applicable conditions under existing legislations for onshore wind and the
offshore oil and gas sector may be expected
to apply to offshore wind installations.
