Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 172
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3. PUBLIC LAW AND
REGULATORY PERMITS
3.1 Spatial planning at sea
The spatial planning of OWFs in the Netherlands is mainly subject to the OWEA and the
Water Act ("Waterwet").
In the National Water Program 2022-2027,
which finds its legal basis in the Water Act,
the Minister of Economic Affairs and Climate
Policy can appoint designated areas which
are deemed suitable for OWFs. A so-called
Wind Farm Site Decision ("kavelbesluit") can
be adopted for the development of an OWF
in a designated area.
3.2 Regulatory permits required for the
construction and operation of the
offshore wind farm and the onshore
grid connection
Pursuant to Article 12 of the OWEA, it is not
allowed to build or operate OWFs in Dutch
territorial waters or in the Dutch exclusive
economic zone ("EEZ") without a permit
from the Minister.
Netherlands
3.3 Permitting process and tenders
The permit required for building or operating OWFs in Dutch territorial waters or
the Dutch EEZ is issued by the Minister. The
criteria for the granting of a permit are set
out in Article 14, Section 1, of the OWEA.
Pursuant to these criteria, a permit can only
be obtained if the construction and operation of the OWF are financially, economically, and technically feasible. Furthermore, the
operation and construction must be started
within a certain period after the permit
has been granted definitively (Art. 14(1)(d)
OWEA). This period can vary between farm
sites. Finally, the permit application must
comply with the Wind Farm Site Decision.
Additional criteria may be set by ministerial
regulation per farm site.
Ultimately, a tender process will determine
to whom a permit is granted. After winning
a tender procedure, the permit holder will
submit a project plan which details a construction plan for the OWF. This plan will not
be subject to objection (in Dutch: bezwaar)
or appeal (in Dutch: beroep). If a subsidy is
required for the construction of the OWF,
the permit procedure coincides with the
subsidy procedure.
