Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 48
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China
in China. However, it is not mandatory.
The SAMR is also in charge of business
registration of Chinese companies.
Main Authorities
Role
NEA
·
·
·
·
·
Issuing Offshore Wind Power Plan
Administration of planning, development and construction
Selection of projects through competitive bidding
Issuing Project Approvals
Issuing business licence for electricity generation
SOA (incorporated into the MNR)
·
·
Approving sea areas and providing use right
Approving installation of submarine cables
MEE
·
Approving oceanic project environmental impact assessments
MNR
·
Approving land use and planning permits
NDRC
·
Determining tariff
MOF (or local authorities)
·
Distributing subsidies and funds
MOST
·
Promoting technology in energy sector
MOHURD
·
Land construction approvals and permits
SAMR
·
·
Issuing national technical standards
Registration of project company
2.2 Scheme in relation to exclusivity to
construct, own and operate a project, as
well as to receive feed in revenues
The common practice in the past to obtain
the right to construct a project was to review
whether the Offshore Wind Power Plan issued by the Local NEA contemplated the need
for such a project and to reach out directly
to the Local NEA to express the intent to
develop the project. In case of interest, the
Local NEA would first instruct the applicant
to conduct the relevant preliminary surveys
(e.g., offshore wind, geological, hydrographic) and other preliminary assessments
(Preliminary Works), and then arrange a
bidding process for the particular project
inviting the applicant to participate or, in
some cases, directly authorise the applicant
to engage in the development of the project,
based on the Interim Measures for Adminis-
tration on the Development and Construction of Offshore Wind Power.
Starting from 2019, offshore wind power
projects and their developers are selected
by the Local NEAs through a competitive
procedure (Competitive Allocation Scheme),
pursuant to the Administrative Guidance
for Competitive Allocation of Wind Power
Projects (Trial) published by the NEA on 18
May 2018 (Competitive Allocation Guidance).
The Competitive Allocation Scheme applies
to all centralised onshore and offshore wind
power projects (it does not apply to distributed projects). Each Local NEA adopts its
own rules, issued pursuant to the Competitive Allocation Guidance. Some provinces
have specific competitive rules for offshore
projects, while other provinces have issued
one single set of rules covering both onshore
