Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 63
Offshore Wind Worldwide 2023
Additionally, eligible renewable energy projects including offshore wind power projects
may apply for reduction or exemption of
such fee. 21
The MOF and the SOA set a national standard for the collection of such fee. The local
counterpart of the MOF and the Local NEA
can formulate their own fee collection standard based on the national standard but
adjusting it to suit the marine resources and
the particular needs of the province.
If there are fishery facilities located on the
site of the offshore wind power project, the
developer may need to negotiate and agree
an appropriate amount of compensation
with the owner of these facilities on a caseby-case basis, or pay compensation based
on the local compensation standards.
63
The developer cannot change that purpose
of use of the sea areas without the SOA’s
authorisation and is responsible for protecting and utilising the sea areas reasonably in
accordance with law. For example, the local
People’s Government is entitled to issue a
warning letter and corrective orders, impose
fines, confiscate illegal gains, order to cease
business operations or even shut down the
project, in case of a violation of the laws and
regulations on the protection of the marine
environment.
Additionally, during the period of use of the
sea areas in accordance with the Certificate
of Use of Sea Areas, the developer must not
engage in basic marine surveying without
approval by the competent military surveying and mapping department.
The right to use the sea areas is protected
by law once registered with the SOA upon
the issuance of the Certificate of Use of Sea
Areas. Such right is issued for a specifically
approved purpose of use of the sea areas
that is stated on the Certificate of Use of Sea
Areas.
21 "Opinions on Improving the Systems, Mechanisms, Policies and Measures for Green and Low-carbon Energy Transformation", published by National
Development and Reform Commission and National Energy Administration on 30 January 2022. (https://www.ndrc.gov.cn/xxgk/zcfb/tz/202202/
t20220210_1314511.html).
