Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 141
Offshore Wind Worldwide 2023
I. STATE AND FUTURE OF
OFFSHORE WIND PROJECTS
One reason for the low level in Japan can
be attributed to the delay in promoting
offshore wind power, particularly offshore
wind power generation facilities in territorial
waters where large-scale power generation
is feasible. This delay was, in part, caused by
the fact that the legal landscape concerning
the right of use of general sea areas was
previously unclear. For instance, the basis
for granting the right to use territorial sea
areas was drawn from the Port and Harbor
Act ("PHA") together with local government
ordinances on the management of national
property ("LGOs"). However, the occupation
period for the offshore areas at sea under
the LGOs was generally understood to be
between three and five years, which is too
short to operate offshore wind projects.
Further, under the LGOs the stakeholders’
adjustment rules were unclear.
1.1 Enactment of the Renewable Energy
Sea Areas Use Law for the development of offshore renewable energy
projects
As a result of these uncertainties, in December 2018 the Act regarding Promotion of
the Use of Sea Areas to Develop Offshore
Renewable Energy Facilities1 (the "Renewable Energy Sea Areas Use Law") was enacted with the aim of, among other things,
expanding the introduction of offshore wind
power generation. The Renewable Energy
Sea Areas Use Law came into force on 1 April
2019.
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In the three years since the enactment of the
Renewable Energy Sea Areas Use Law, five
promotion areas for offshore wind projects
were designated by the national government (such areas when designated, "Promotion Zones") and furthermore, in 2022, three
more promotion areas for offshore wind
projects were added to Promotion Zones.
Significant other changes have also been
introduced, such as the implementation of a
tender process for the selection of business
operators in Promotion Zones. Another
important development came in July 2020,
with the establishment of the Public-Private
Sector Council (Kanmin Kyogikai). Its goal is
to (i) strengthen the offshore wind industry’s competitiveness by promoting the introduction and expansion of offshore wind
power generation through the Renewable
Energy Sea Areas Use Law, (ii) strengthen
the competitiveness of related industries, and (iii) develop domestic industrial
clusters and infrastructure in a manner that
unites the public and private sectors. The
council’s Offshore Wind Industry Vision of
15 December 2020 (first edition) ("First Industry Vision") states that the government’s
targets for the introduction of new projects
are: "for the next ten years, to continue
designating areas for projects producing
approximately 1 GW annually; by 2030, to
foster projects producing 10 GW annually;
and by 2040, to have projects producing
30 - 45 GW annually (including floating wind
farm projects)."
Significantly, the Renewable Energy Sea
Areas Use Law also (i) stipulates that the ter-
Kaiyou Saiseikanou Enerugi Hatsudensetsubi no Seibi nikakaru Kaiiki no Riyou no Sokushin nikansuru Houritsu (Act No. 89 of 2018).
