Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 202
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the water, building, and occupancy permits
will immediately be enforceable and will be
issued within 90 days (with the exception
of the occupancy permits – which will be
issued within 30 days). The approvals of the
geological works plan and of the geological
documentation specifying the geological
and engineering conditions prepared in
order to locate an OWF are also subject to
immediate enforceability.
The administrative decisions can be challenged by the applicant or any affected third
parties (in general in the first stage of the administrative proceeding, and in the second
stage by an action before the administrative
court). The Offshore Wind Act states that
an action against the above decisions can
be filed within 14 days from the date of their
receipt by the party or within 30 days from
the date of their announcement or receipt
of the announcement (running individually).
The appeal is reviewed within 60 days in the
first stage and within 30 days before the
administrative court. A cassation appeal is
reviewed within two months.
Based on the Offshore Wind Act, the permits cannot be revoked or declared invalid
in whole for the reason that a particular part
is defective. After the lapse of the deadlines
to file the actions or the appeal procedures
having been exhausted, the decision is final
and binding and can be subject to cancellation only in very exceptional cases.
Poland
4. OFFTAKE ISSUES
4.1 Offtake, remuneration
and tariff scheme
As mentioned above, the Offshore Wind
Act stipulates a (public) incentive support
system in the form of the right to settle a
negative balance (see section 2.3 above for
details). An OWF owner who wishes to receive the market premium must enter into a
PPA with an offtaker. The current legislation
framework does not contain any specific
requirements for these PPAs, but there is a
certain established market practice as to the
usual and required contents.
4.2 Consequences of a project delay
See section 2.4 above.
4.3 Examples of actual and future tariffs
The maximum price for first phase support
was set at PLN 319.60 per MWh (approximately EUR 70) which was below the market
expectations (which were approx. EUR 10 –
12 per MWh more).
