Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 255
Offshore Wind Worldwide 2023
the announcement, grid capacity for Phase
III-1 Projects was awarded to 6 developers,
inclusive of 7 wind farms with a total grid
capacity of 3 GW2 . To our understanding,
the BOE plans to hold the second sub-phase
of the first stage selection and auctions by
end of 2023, which will ultimately be subject
to the formal announcement of the MOEA/
BOE.
With respect to the key regulations, it should
be noted that electricity generation business is a regulated business in Taiwan. Special permits/approvals issued by the MOEA/
BOE pursuant to the Electricity Business Act
(電業法; "EB Act") and/or the RED Act are required for incorporation, construction, and
operation of a power generation enterprise.
The Electricity Business Registration Regulations (電業登記規則; "EBRR"), promulgated
pursuant to the EB Act, governs the formation and permitting procedures for electricity enterprises. In addition, the Regulations
Governing the Installation of Renewable
Energy Power Generation Equipment (再生
能源設備設置管理辦法; "Installation Regulations") promulgated pursuant to the RED
Act governs the installation of renewable
energy facilities.
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3. PUBLIC OR REGULATORY
PERMITS
3.1 Spatial planning at sea
Under the Site Guidelines, the BOE designated 36 potential suitable sites for offshore
wind farm ("OWF") development for the
Phase II of the Program. All the applicants
that participated in the selection and
bidding processes for grid allocation should
have obtained the BOE’s acknowledgement
of receipt of the site application ("Site Recordation"). An applicant is required to obtain
a conclusion by the committee responsible
for reviewing the environmental impact
assessment ("EIA Approval") by December
31, 2017 and obtain an Establishment Permit
("EP") by December 31, 2019. After obtaining
the EIA Approval, the applicant will be entitled to apply for an establishment permit
recordation ("EP Recordation") with the
MOEA, and with the EP Recordation, the project company will enjoy exclusive development right over the site. In the event that
there are multiple applicants for the same
site, only the applicant who first obtains
a positive or conditional EIA Approval can
secure an effective EP Recordation.
Different from the previous phases, while the developers may freely submit its
greenfield sites to the BOE under Phase III
of the Program, the BOE identified certain
areas delineated as "highly sensitive areas"
which are barred from site selection. The
highly sensitive areas are identified based
on the drawings and information provided
by relevant competent authorities. Also, to
2 Website of the BOE, news released on December 30, 2022: https://www.moeaboe.gov.tw/ECW/populace/news/News.aspx?kind=1&menu_id=41&news_
id=29281
