Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 265
Offshore Wind Worldwide 2023
265
6. REAL ESTATE
6.1 Rights over land to be secured
In general, for developing and operating
an OWF project, the project company is
required to acquire the rights to use the real
estate in respect of the site of the project,
submarine cables, onshore transmission
cables, substation, and/or harbour land/
facilities required for the construction and/
or O&M activities.
If state-owned land is involved, in practice,
the project company will need to obtain a
permit from or enter into a lease agreement
with the relevant agencies that are in charge
of the management of such land. If the land
required for the project is owned by private
parties, the usual practice is for the parties
to enter into a lease or purchase agreement
with the private landlords/landowners.
For the real estate rights, the following key
permits and approvals are commonly seen
in practice for OWF projects in Taiwan:
Land
Related Facilities
Key Permit/Agreement
Use of
Offshore
Land
Project Site
Approval for preliminary use of offshore land issued by the NPA
Permit for use of offshore land issued by the NPA
Submarine Cables
Approval for the course survey of laying submarine cables issued by the Ministry
of Interior (MOI)
Permit for laying submarine cables issued by the MOI
Use of
Onshore
Land
Transmission Cables
Depending on the owner of the land (private or public entity), permit(s) or agreement(s) should be obtained; or executed.
Substation
Depending on the owner of the land (private or public entity), permit(s) or agreement(s) should be obtained or executed
For connection with Taipower’s onshore connection system, lease agreement(s)
with Taipower for the switchboard is required
Harbour Facilities
Harbour lease agreement(s) with port authorities is required for construction and
O&M activities
In addition to the above, if the NPA has granted the right to use certain offshore area
needed by a project to another government
agency/quasi-government agency prior to
the development of the project, the project
company may also need to apply for a specific usage approval or enter into an agreement for the use of the relevant offshore
land with such agency.
6.2 Costs and risks of legal challenges
In principle, under the Taiwan Civil Code,
the term of a lease agreement may not be
longer than 20 years; otherwise, the portion
of a lease term beyond 20 years is invalid.
Consequently, taking into account the time
required for the construction and operation
of an OWF project, since the Template PPA
guarantees Taipower’s purchase of electricity for 20 years from the initial paralleling
date, a lease agreement of land might not be
