Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 38
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Project developers should be aware of
risks concerning the use rights during the
operation. Maritime areas involve numerous
stakeholders, which amplifies the
associated risks of legal challenges.
There are various actors with interests and
responsibilities related to the utilization
and management of these areas, including
government agencies, regulatory bodies, environmental organizations, local communities, and indigenous peoples. Each of these
stakeholders may have specific concerns
regarding offshore wind projects, such as
environmental impacts and socio-economic
sustainability.
The varying numbers of interested parties
and perspectives increases the likelihood
of challenges and legal disputes during the
operation of the projects. Opposition from
stakeholders, through both legal battles
and public pressure, can significantly impact
the continuity and feasibility of wind power
ventures.
Brazil
Furthermore, the continuously evolving
regulatory environment and the need to
comply with numerous legal provisions,
conventions, and regulations also provide
risks associated with the utilisation rights in
maritime areas.
To mitigate these risks, it is essential that
a project developer considers viable legal
protections and complying to all relevant
laws and regulations pertaining to the use
of maritime waters. Implementing robust
environmental impact assessment processes can help address concerns and
minimize potential conflicts. Additionally,
ensuring compliance with relevant laws and
regulations, and remaining informed about
any changes or updates in the regulatory
landscape is crucial to maintain the use
rights and operate offshore wind projects
successfully in maritime areas.
