Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 62
62
China
6. REAL ESTATE
(b) With respect to onshore areas:
6.1 Rights over land to be secured
(a) With respect to offshore and near shore
areas:
(i) as noted in section 3 above, the developer must obtain a preliminary opinion
letter on the right to use the land area
where the onshore facilities of the
project are located, issued by the local
counterpart of the Ministry of Land and
Resources, and a suite of construction
permits required for construction activities on land, issued by the local counterpart of the MOHURD; and
(i) in accordance with the Law of the People’s Republic of China on the Administration of Sea Areas, the ownership of sea
areas belongs to the state. To build and
develop an offshore wind power project,
the developer must obtain, among others, the right to use the sea areas where
the project is located, represented by the
Certificate of Use of Sea Areas (please
refer to section 3 above);
(ii) if any uninhabited island is involved in
the offshore wind power project, the
developer must apply with the SOA to
obtain the right of use over such uninhabited island; and
(iii) the developer must complete the required registration and approval procedures
with the local department of the SOA in
connection with the laying of submarine
cables in the seabed.
(ii) the Grid Companies generally manage
the permits and procedures related to
the use of the onshore areas in connection with the construction of grid connection facilities and power transmission
lines for which the Grid Companies are
responsible.
6.2 Costs and risk of legal challenges
The developer must pay a fee to the Local
SOA (collected by the State Taxation Administration) to use the sea areas and any
uninhabited island in connection with the
offshore wind power project. The payment
standard and payment cycle of the fee is
determined by the Notice on Improving the
Administration on Collection of Sea Areas
Use Fee and the Notice for Issuing the Measures on the Administration of Collection
and Distribution of the Charges on Using
Uninhabited Islands, and the Regulations on
the Adjustment of Fees for the Use of Sea
Areas and Uninhabited Islands.
