Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 22
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end of 2023 (see supra section 2.5 Simplified
flow chart regarding timeline "Princess Elisabeth Zone" – second offshore wind phase).
Onshore, the respective operator/owner of
the installation which uses the land needs
to secure such use by means of a private
law licence/use agreement in case of private
landowners or municipalities. Since the use
of onshore land plots is only required for the
onshore grid connection, and since this falls
under the responsibility of the TSO, the OWF
owners and developers do not need to take
care of these issues.
Belgium
7. OTHER
Protection of the marine environment and
coastal protection are also laid down in the
MSP and should be taken into account when
constructing an OWF.
Every offshore energy park shall also be
surrounded by a safety zone of at least 75m
around each wind turbine and 500 meters
around the park according to a recent Royal
Decree (of 4 February 2020)41, as from the
moment of construction until the dismantlement.
6.2 Costs and risk of legal challenges
The domain concessions are granted by
Ministerial Decree and could be amended
over time, but any such amendments will be
accompanied by compensation due by the
government.
The responsibility for the construction and
operation of the GCS is with the relevant
TSO; in the case of interruptions in the operation or delays in completion of the GCS,
the OWF owner is entitled to receive compensation (see supra section 2.3 Incentives
for investments and section 2.5 Simplified
flow chart regarding timeline "Princess Elisabeth Zone" – second offshore wind phase).
In case of non-compliance with the prescribed obligations and conditions, a revocation
of the granted domain concession can be
pronounced by the minister.40
40 Art. 22 of the Royal Decree of 20 December 2000.
41 Art. 5 of the Royal Decree establishing safety zones in sea areas under Belgian jurisdiction.
