Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 187
Offshore Wind Worldwide 2023
In Norway, renewable energy sources
are not subject to any priority dispatch
regimes in case of grid congestion.
Generally, Norwegian onshore and offshore wind farms may typically participate in the balancing markets through
bids to reduce production. In challenging
6. REAL ESTATE
6.1 Rights over land to be secured
The award of a project area for offshore
energy production gives an exclusive right to
utilize the area, subject to certain restrictions
for the benefit of other uses such as fishing,
shipping, etc. The Ministry reserves the right
to adjust the project areas if necessary for
project development or in consideration of
other relevant interests. Any adjustments
following the allocation of the project area
will be made in consultation with the project
owner.
The Utsira Nord and Sørlige Nordsjø II areas,
as well as other expected offshore wind
areas, are located outside the scope of private land rights in Norway. Hence, the developers do not acquire land ownership rights
over these areas.
When constructing installations within
Norwegian territorial waters or on land, the
developer may need to obtain relevant land
rights. This can be done through voluntary
agreements or expropriation.
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operational situations, Statnett, the
Norwegian TSO, may require all available
regulating capacity within production
and consumption to be reported in the
market for balancing power. The wind
farm will receive compensation if such
bids are invoked by the TSO.
6.2 Costs and risk of legal challenges
As described in section 6.1, the relevant land
rights are of a limited nature in Norwegian
offshore wind projects. However, in case
of an expropriation and appraisal case for
acquisition of land rights, the developer will
typically be required to cover the landowners’ legal costs for the appraisal case.
