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1、Floating Offshore WindNew Breakout Markets:a Legal and Regulatory Review Grow|Protect|Operate|FinanceFebruary 2024Contents04.Foreword06.Executive Summary11.Australia 21.Brazil31.Canada39.Chile48.Colombia59.Costa Rica67.India85.Ireland93.Italy101.Kenya111.Mexico117.Morocco 127.New Zealand133.Norway13

2、9.Romania149.South Africa159.Spain167.Tunisia177.US Pacific195.Vietnam204.Glossary214.Key contacts80%of the worlds offshore wind resource potential is located in areas with water depth greater than 60 metres.Based on todays technology,this is close to the upper limit for the economic deployment of t

3、raditional bottom-fixed foundations.To address this challenge,the adoption of floating offshore wind(FLOW)solutions is gaining momentum as the technology approaches commercial maturity and countries across the world are recognising the potential in deploying FLOW platforms to exploit this offshore w

4、indresource.This report takes inspiration from the Global Wind Energy Councils(GWEC)report,“Floating Offshore Wind A Global Opportunity”that was published in March 2022(the GWEC Report)1,which identifies 30“Round 2”new breakout markets which present“the right conditions in place to evolve rapidly as

5、 successful floating offshore wind markets”post 2030.Not only do countries need the right technical characteristics(i.e.wind in deep offshore locations),but also the right policies and regulations to develop FLOW projects.1.https:/ purpose of this report is to assess the relative progress that has b

6、een achieved across these Round 2 new breakout markets in implementing the right conditions to evolve as successful FLOW markets since the date of publication of the GWEC Report.In preparing our report,we have co-ordinated responses from our offices across a sample range of 20 of these Round 2 marke

7、ts(and,in Norway,collaborated with the Selmer law firm)and have paid particular regard to whether such countries have adopted an appropriate legal and regulatory framework to support the required development of FLOW projects.Based on our findings,our secondary objective was to determine whether any

8、adjustment to the membership of the chasing pack of five fast follower countries identified in the GWEC Report was justified.Such adjustment could be either because of the accelerated progress of one of the other Round 2 nations or because one of them had earned promotion to the Round 1 category of

9、first mover markets.Foreword4 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory ReviewDentons has been advising participants in the offshore wind sector for several years and our local presence in many of these new breakout markets gives us a unique position to advise both developer

10、s and other interested parties from both a national and international perspective.With more than 160 offices in 80+countries,Dentons is well positioned to understand the emerging global FLOW picture,to identify markets with higher potential for FLOW deployment and to advise on the applicable local l

11、egal and regulatoryregime.This report is intended to serve not only as a helpful guide,but also as a legal point of contact for any interested parties who are looking to learn more about the development of the FLOW sector in any of these markets.I invite anyone with any queries or comments to contac

12、t the authors of the relevant country report(contact details have been included for ease of reference)who can provide an in-depth briefing on the legislative and regulatory progress and any new policy initiatives.More generally,we would be delighted to discuss any of the themes/issues identified in

13、this report.2.https:/ would like to thank all of those who have collaborated on the production of this report,including OWC2,Charles July(Consultant,London),Torquil Law(Senior Associate,London),Adjoa Kwakwa(Trainee,London),Katja Obed(Trainee,London)and Isabelle Ong for their editorial oversight.Vive

14、k BakshiGlobal Energy Sector LeaderDentonsFloating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 5Achieving Net Zero by 2050 will be exceptionally hard but FLOW provides an exciting global opportunity as one of the solutions that will contribute towards reaching this goal.The GWEC

15、 Report predicted that 18.9GW of FLOW generation would be built by 2030.However,in its latest Global Offshore Wind Report 20233 GWEC has downgraded this prediction to 10.9 GW,42%lower than the earlier projection in recognition of the challenging economic and financial conditions and expected supply

16、chain bottlenecks facing the emerging FLOW sector.Historically,the FLOW sector and its deployment through pilot and pre-commercial projects has been largely confined to the Round 1 first mover markets in Europe identified in the GWEC Report,such as the UK,France and Portugal,and in Asia such as Japa

17、n and China(to be followed shortly by Taiwan and South Korea).In the short term,these are expected to remain the most developed markets.However,as the FLOW sector progresses towards full scale commercialisation,we are seeing FLOW solutions increasingly gaining traction in a broader range of markets,

18、including some nascent markets where favourable site conditions make them commercially attractive,albeit in the longer term.This report summarises the status of the FLOW sector in 20 of the Round 2 new breakout markets identified in the GWEC Report and,through comparative analysis,identifies their r

19、espective barriers to entry and the key areas for development.3.https:/ are three broad stages of development in which we can categorise the rate of progress in these 20 markets.Stage 1 includes those markets which have taken no or minimal action to incentivise the development of the offshore wind s

20、ector including FLOW projects,and where no developments have been proposed.Stage 2 includes markets,which have conducted studies on the potential of offshore wind and FLOW projects given attractive site conditions,have identified areas for development and have made some progress towards implementing

21、 actions that will incentivise offshore wind and FLOW projects.Finally,Stage 3 includes the more advanced markets,the so-called“fast followers”that have taken a series of actions to attract offshore wind,have separately encouraged FLOW projects and have either begun,or announced the decision to begi

22、n,the deployment of FLOW projects either through developer led initiatives or through auctions for the allocation of sea-bed space.We have found that,in the more advanced Stage 3 markets,auctions for the allocation of sea-bed spaces for the deployment of FLOW projects have already been announced.Sim

23、ilarly,financial support mechanisms either specifically for FLOW projects or capable of being adapted for FLOW projects have been approved.By way of example,Norway has announced its Utsira Nord FLOW tender process for part of which a CfD based financial support mechanism will be available.Indeed,giv

24、en its rate of progress and with its existing 94MW of operational pre-commercial FLOW capacity across 3 projects,Norway makes a compelling case for promotion beyond Stage 3 to the Round 1 first mover category.Executive Summary6 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Revie

25、wElsewhere in Northern Europe,Ireland has adopted a legal and regulatory framework that can support the roll-out of FLOW projects as well as a CfD based support mechanism that can be readily adapted to FLOW projects.Notwithstanding the very real challenges of the lack of suitable port infrastructure

26、 and the shortage of grid capacity in the locations most suited to FLOW projects,Ireland retains its position as a Stage 3 market.In the US,on the West Coast,leases for 4.6GW of FLOW projects offshore California have been provisionally awarded.On the East Coast,Maine has announced ambitious plans to

27、 procure 3GW of FLOW projects by 2040 and a draft wind energy area has been published for federal waters in the Gulf of Maine suitable for FLOW projects with a capacity of more than 40GW.Despite the lack of financial support mechanisms such as power purchase agreements or offshore renewable energy c

28、redits for the California FLOW projects,the availability of investment tax credits and production tax credits under the Inflation Reduction Act strongly supports the development of FLOW in the US and more than justifies its position as a Stage 3 market.In Southern Europe,despite the lack of clarity

29、on regulations for an offshore wind framework and delay in implementing price support mechanisms and faster permitting processes,both Spain(with 2 pilot FLOW projects operational)and Italy have seen a high number of proposals for FLOW projects.Italy with proposals for 47 projects has the largest pro

30、ject pipeline but nearly all are at an early stage of development.The expected adoption of a firm legal and regulatory framework and a price support mechanism in 2024 should underpin Italys position as one of the Stage 3 markets.Likewise,the adoption of proposed regulatory reforms and anticipated FL

31、OW auctions in Spain in 2024 will bolster its chances for promotion to this category,although clarity on a business support mechanism will also berequired.In Eastern Europe,Romania has taken preliminary action to introduce the necessary legal and regulatory framework to attract FLOW investment.A dra

32、ft law has been introduced providing for auctions to procure 3GW of offshore wind capacity by 2035 and providing a CfD based support mechanism for winning projects.Nevertheless,the absence of a detailed regulatory framework and marine spatial plans are substantial obstacles that need to be overcome

33、before it can be regarded as a Stage 3 market.Outside Europe,we have seen positive steps from Stage 2 jurisdictions such as India,Brazil,Colombia and Australia implementing suitable legal and regulatory regimes.In India,the government has recently announced a tender for the award of 7.2GW of offshor

34、e wind capacity offshore Tamil Nadu,although none specifically for FLOW projects.Brazil has announced expressions of interest in more than 70 offshore wind projects,including a FLOW project,and has already enacted specific legislation regarding seabed leasing for offshore wind.It expects to implemen

35、t a regulatory framework for offshore wind by mid-2024.Australia is an exciting jurisdiction for FLOW that has implemented a comprehensive legal and regulatory regime for offshore wind and has established wind energy zones that are suitable for large-scale offshore wind projects,two of which located

36、 off the coast of New South Wales have attracted interest from FLOW project developers.As such Australia ticks a lot of the boxes to justify its appointment as a Stage 3 market,although further work is required to align and co-ordinate national and state regulatory frameworks and detailed financial

37、support packages for the offshore wind sector including FLOW projects as well as for the development of the required port infrastructure.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 7Vietnam has attractive site conditions,some of which are suitable for FLOW projects.At p

38、resent,there are a handful of offshore wind projects in development.However,the regulatory framework is still lacking with no offshore wind or FLOW specific regulations and issues regarding the only route to market are a concern for developers.In Colombia,progress towards the adoption of a favourabl

39、e policy environment has been encouraging with the recent announcement of the first auction for the award of temporary sea-bed area permits for offshore wind development to be held in 2024 and the publication of the final version of the tender documents.Colombia makes a good case for selection as on

40、e of the Stage 3 markets,although it remains to be seen whether the auction requirement for successful bidders to partner with a publicly owned local energy sector entity may be a concern for foreign developers.Costa Rica and New Zealand are also showing promise.In Costa Rica,studies are being condu

41、cted on the potential and feasibility of FLOW projects.In New Zealand,there are interested developers and projects at feasibility stage and the government has recently announced that regulations for the development of offshore renewable energy infrastructure,including offshore wind,are expected to b

42、e implemented in 2024.Finally,in the preliminary FLOW markets(i.e.,Stage 1),lack of knowledge,support and technical capacity sees countries struggling to take advantage of their large technical potential for FLOW.Canada,Chile,Kenya,Mexico,Morocco,South Africa and Tunisia,inparticular,have seen few,i

43、f any,projects proposed or otherwise.We expect to see the pace of regulatory implementation accelerate as the global FLOW market builds.However,it will be a competitive environment to secure FLOW investment and all the Round 2 markets should consider steps that would make them attractive destination

44、s for FLOW developers and investors.Such steps would include:Establishing a supporting legal framework and associated regulations that outline how and where offshore electricity infrastructure(including FLOW projects)can operate.Setting clear long-term targets(preferably enshrined in legislation)ove

45、r the medium to longterm.Designing an appropriate licensing regime including qualifying criteria for the grant of applicable licences.Clear and transparent charging methodologies for the award of seabed usage rights and the grant of applicable licences with charges applied to stated objectives such

46、as the recovery of administration costs of licensing regimes or to provide compensation for communities impacted by licensed activities.Establishing or revising procedures for environmental impact assessments and compliance with marine spatial planning requirements,and the criteria and evidence requ

47、ired to satisfy them such as a full suite of environmental and other relevant surveys.8 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review Identifying a government agency to act as a“one-stop shop”for project developers to assist in the de-risking of projects.Such an agency co

48、uld act either as a single licensing authority or as the coordinator of the licensing processes of different authorities,with responsibility for screening information provided by project developers and ensuring that the licensing applications are processed in a timely fashion.Such an agency could al

49、so act as the local champion for offshore wind with responsibility for explaining the societal benefits that offshore wind can deliver,ensuring that impacted communities are fully consulted and objections properly considered,and acting as the interface between the local supply chain and projectdevel

50、opers.Operating an open-door procedure,at least for initial projects,that allows a project developer to submit an unsolicited application to develop a FLOW project in an area selected by it.As the market for offshore wind and FLOW projects matures and there is more competition from developers to bui

51、ld projects,governments can deploy auction rounds for seabed usage rights to realise new FLOW developments.Sensible non-price auction criteria can contribute to achieving projects.Initially,these should be focused on project deliverability and track record and be included as a prequalification to pa

52、rticipate in the auction,rather than a point of competition between bidders.With growing market maturity,greater weight can be placed on non-price criteria which can provide long-term value to society(sustainability,development of workforce and skills,and local supply chain)and the enhancement of th

53、e environment,but these need to be introduced with care.4.https:/ business support mechanisms not only for FLOW projects but also to facilitate the delivery of the likely enhancements to existing port infrastructure required to support FLOW projects and enabling lawful collaboration between ports to

54、 collectively deliver such infrastructure enhancements.Clarifying the legal position regarding the ownership of transmission assets for offshore wind projects and the funding arrangements for such assets and any onshore grid strengthening costs required to receive the power exported from such projec

55、ts.For Stage 1 countries,enabling early demonstration projects to kick-start the FLOW sector.Devising policies to balance promoting local jobs and economic benefit with ensuring low-cost electricity generation as,according to GWEC,requiring local content can reduce competition,increase cost and risk

56、,and slow market development.Save for those countries identified above who are already pursuing the required actions to ensure that they will be match fit to attract commercial scale FLOW investment,much more remains to be done in Round 2 markets for the FLOW sector to meet its full potential.In thi

57、s regard,the recent announcements at COP28 for the expansion of the Global Offshore Wind Alliance4 and the launch of the Ocean Energy Pathway5 are very encouraging as these platforms can facilitate the implementation of the required steps in Round 2 markets through providing technical assistance and

58、 advisory services to governments and stake holders and so help to turn the pipeline of potential FLOW projects into areality.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 910 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory ReviewAustralia1.Summarise th

59、e status of any current and proposed floating offshore wind(FLOW)developments in Australia(such as announced procurement goals and awards of individual projects or adoption of specific legislation).What is the projected outlook for FLOW beyond 2030 in Australia?Australia has recently undergone a sig

60、nificant shift in focus towards renewable energy(RE),with the Australian federal government revealing its target of 82%renewables in the countrys electricity grid by 2030 in December 2022.In June 2022,the federal government implemented the Offshore Electricity Infrastructure Act 2021(OEI Act)which p

61、rovides an important framework for introducing offshore wind generation to Australias renewable sector.The OEI Act allows developers to begin taking the necessary steps towards the development of offshore wind projects in Commonwealth waters.Since then,States and Territories have begun to make pledg

62、es to fund feasibility studies and preconstruction activities for three major offshore wind projects which are proposed to be built in regions which present opportunities from a natural resource and infrastructure perspective.Australia has witnessed the emergence of substantial floating offshore pro

63、jects in recent years,with many proposed projects located off New South Wales(NSW).In 2022 for example,Equinor and Oceanex announced that they intended to jointly submit feasibility licence applications for offshore wind acreage for three projects,each of up to 2GW.6 Furthermore,in December 2021,Spa

64、in-based BlueFloat Energy and Australias Energy Estate,partnered to develop three wind projects in Australia(including two floating and one bottom-fixed),which have a total capacity of 4.3GW.76.Adrijana Buljan,Equinor Enters Australian Offshore Wind Market(Offshorewind.biz,30 August 2022)accessed 11

65、 December 2023.7.Adrijana Buljan,Three New Offshore Wind Projects Emerge in Australia(Offshorewind.biz,22 December 2021)accessed 11 December 2023.8.Australias first offshore wind areas are coming in Victoria and New South Wale(Aegur,29 November 2022)accessed 11 December 2023.As at the date of writin

66、g,there have been some 37 applications submitted for the awarding of licences to assess feasibility of offshore wind projects within the Gippsland,Victoria declared region.The application round to develop offshore wind projects in the Hunter Region,NSW,has recently closed on 14 November 2023.There i

67、s a probability that the various applicants areas of interest may well overlap.This is due to the federal government approach being simply to invite applications for feasibility licences of up to 700km2 anywhere within the declared area.There is a process to deal with overlapping applications,where

68、the relevant Minister has a discretion regarding merit,or may determine an overlapping group and ask the members of that group to resubmit without overlap,or deal with it on a financial-offer basis,having determined a“financial offer group”.So in essence,the Minister has,as is often the case for res

69、ources projects in Australia,a very wide discretion.A discretion which,absent male fides,is difficult to challenge or overturn.(This is in contrast to the approach from other jurisdictions(such as the UK and Germany)where they have drawn lines on the maps,and conducted auctions where developers comp

70、etitively bid financially something akin to how the Australian offshore oil and gas regime operates with bidding rounds for blocks).The initial areas leading the offshore wind development in Australia are Victoria and NSW.8 Please see Question 4 for further details on designated offshore wind develo

71、pment areas.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 112.What challenges are faced by the FLOW industry in developing FLOW projects in Australia(e.g.societal opposition,meteorological,procurement,grid connections,access to deepwater ports and port logistics etc.)?The

72、 floating offshore industry in Australia faces some challenges,with the main ones being:Grid constraint.Grid connection risk is a large obstacle to the development of RE.The increase in non-synchronous RE and distributed generation has increased the risk of curtailment and congestion.This has result

73、ed in concerns regarding the stability and security of the network and grid.Various States are developing initiatives to overcome this hurdle,including the Victorian governments proposal to develop a new transmission to connect offshore wind to the grid for the Star of the South Offshore WindProject

74、.9 Heavy regulation.The offshore wind industry is heavily regulated in Australia.For example,Australia has a specific licensing regime which may affect the way in which assets and infrastructure can connect and interact with the electricity grid.The varying levels of approvals and permits could resu

75、lt in long delays to kickstart offshore wind projects.Parties interested in investing in the offshore wind industry in Australia will need to navigate these licensing regimes and be aware of the possible timeframes and requirements for each permit.Environmental concerns.Offshore wind farms present n

76、umerous environmental concerns and communities in Australia have expressed potential for adversarial effects on the ecology surrounding the areas where the wind farms are proposed to be located,as ecosystem disruption has been reported to occur from wind farms overseas.For example,noise from the win

77、d farms travelling underwater may disrupt marine life patterns and behaviour.Electromagnetic fields from the transmission of energy harnessed from the offshore wind to the electricity grid may also impact marine life which depends on electromagnetic fields to 9.Victoria state government Department o

78、f Environment,Land,Water and Planning,“Scoping Requirements for Star of the South Offshore Wind Farm Environment Effects Statement”.exist.Offshore wind farms have also been reported to affect the surrounding and migrating birdlife.To address these concerns,the OEI Act has been designed to operate in

79、 conjunction with other legislation enacted to protect Australias ecology and biodiversity.Supply concerns.The offshore wind industry in Australia will need to attract suppliers of vessels,turbines and other related technology and infrastructure away from the rapidly advancing markets of other count

80、ries,particularly those in Europe and Asia.It will need to create a market which is attractive enough for suppliers to invest in Australia,rather than another geographic region developing offshore wind farms.Developers need to be mindful of the availability windows to secure the necessary vessels an

81、d materials,particularly vessels purposed for heavy lifting.3.Is there a World Bank Offshore Wind Roadmap for Australia or any announced plans by the government of Australia such as targets for installed FLOW capacity by certain dates?Other than set out above,what does it suggest and has any of it b

82、een adopted?There is no World Bank Offshore Wind Roadmap for Australia.FLOW capacity targets have been set from some of the States and Territories.For example,Victoria has set an ambitious target of at least 2GW of offshore generation capacity by 2032,4GW by 2035 and 9GW by 2040.One of the proposed

83、offshore wind farms within the state has already passed consultation stages.Ultimately,Victoria envisages offshore wind production up to“33GW and beyond”depending on the rate in floating turbine technology advancement.12 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review4.Outl

84、ine broadly the legal/statutory/regulatory regime and organisational framework for the development of FLOW in Australia.The Department of Climate Change,Energy,the Environment and Water(DCCEEW)regulates offshore RE infrastructure in Australian Commonwealth waters under the OEI Act and the Offshore E

85、lectricity Infrastructure Regulations 2022.See the associated Regulatory Levies Act,Regulatory Levies Regulations and Consequential Amendments Act.Australian Commonwealth waters start three nautical miles from the coastline and extend to the boundary of Australias EEZ.For the first three nautical mi

86、les from the coastline(which can depend on the nature of the coastline),the various States and Territories have jurisdiction.The OEI Act and associated regulations enable the construction,operation and decommissioning of offshore electricity infrastructure.They outline how and where infrastructure p

87、rojects for RE generation or transmission can operate,including offshore wind and solar farms.Declaring suitable areas for offshore RE infrastructure is a ministerial decision.The DCCEEW advises the Minister for Climate Change and Energy(Minister)on suitable areas in consultation with:other Australi

88、an Government departments and agencies;state and territory governments;industry stakeholders;local communities;and the Australian public.Considering a specific area for declaration requires a 60-day public consultation process.Itwill take into account factors including existing marine users.a.Are th

89、e granting of operational licences or seabed leases subject to a competitive tender process or direct negotiation?The Minister may invite eligible persons to apply for a feasibility licence on proposed projects within declared areas.Feasibility applications are considered by the Offshore Infrastruct

90、ure Registrar(Registrar)and decided by the Minister.There will be a finite number of feasibility licences available for groups within declared areas.The Minister may declare that there are overlapping applications if:the Minister considers all of the applications in the group to be of equal merit;ea

91、ch application in the group overlaps at least one other application in the group;the licence areas proposed by all of the applications in the group(including parts of those areas that overlap,and parts that do not overlap)together form a continuous area;and the Minister is satisfied that,if not for

92、the overlap or overlaps,a feasibility licence could be offered in response to each of the applications in the group.In the event of an overlapping application group,the Minister will notify applicants and ask that they revise and resubmit their applications.Applications will then be assessed on a co

93、mpetitive higher or lower merit basis.Companies wanting to undertake offshore RE infrastructure projects can also apply for:Commercial licences.These allow offshore RE infrastructure projects for up to 40 years.Transmission and infrastructure licences.These permit installation and operation of under

94、sea interconnectors to transmit electricity.Research and demonstration(R&D)licences.These enable short-term projects(up to 10 years)to trial and test new offshore RE technologies.Please see Question 6 for further details.Companies will need a feasibility licence before applying for a commercial lice

95、nce.Feasibility licences permit the holder to assess the feasibility of a project for up to seven years.Companies can apply for a feasibility or R&D licence in an area after the Minister declares it suitable for offshore renewable electricity infrastructure.Transmission licences do not need to be in

96、 a declared area.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 13The Registrar administers licences for offshore RE and transmission projects.Staff within the National Offshore Petroleum Titles Administrator(NOPTA)assist the Registrar.To assist prospective licence holders

97、 and other stakeholders in understanding the requirements and processes for feasibility licences,the Australian Government has developed a suite of guidance documents and approved forms on the Registrars website:www.offshoreregistrar.gov.au.b.Is there a specific legal/regulatory regime for FLOW proj

98、ects in Australia,as opposed to broader offshore wind or renewables projects in general?The Offshore Electricity Infrastructure Regulations 2022(Cth)and Offshore Electricity Infrastructure(Regulatory Levies)Regulations 2022(Cth)(the Regulations)came into force on 2 November 2022.The OEI Act establis

99、hes a legal framework to enable the construction,installation,commissioning,operation,maintenance and decommissioning of:offshore RE infrastructure;and offshore transmission infrastructure,(together,OREI)in the Commonwealth offshore area.The OEI Act commenced on 2 June 2022 and has resulted in the a

100、nnouncement of several new offshore wind projects.It provides for the making of regulations for the OREI licensing scheme,spatial datum provisions,arrangements for pre-existing infrastructure,and the application of fees and levies.The government has said that the aim of the OEI Act and Regulations i

101、s to provide a consistent and transparent regulatory regime for the full life cycle of OREI developments,and ultimately a pathway to 10.Adnan Memija Australia Designates First Offshore Wind Zone,Gives Star of the South Major Project Status(Offshorewind.biz,19 December 2022)accessed 11 December 20231

102、1.Adnan Memija 5 GW Offshore Wind Zone Declared off Hunter Coast(Offshorewind.biz,12 July 2023)accessed 11 December 2023.12.Adrijana Buljan Australia Invites Applications for Hunter Offshore Wind Zone(Offshorewind.biz,9 August 2023)accessed 11 December 2023.13.Adrijana Buljan Australia Working Towar

103、ds Declaring Next Offshore Wind Zone(Offshorewind.biz,15 August 2023)accessed 11 December 2023.de-risking investments and reassuring sponsors,financiers and broader stakeholders alike.The OEI Act prohibits the construction and operation of OREI in the Commonwealth offshore area without a licence.It

104、sets out three pathways for licensing(commercial licences,transmission and infrastructure licences,and R&D licences)to accommodate a range of potential types of development.The Regulations set out the details of the licensing scheme for OREI.This licensing scheme establishes a system for licence app

105、lications,offering and granting of licences,variations to licences,extension of licences,transfers of licences,and changes in control of licence holders.The licensing scheme is administered by the Registrar,who maintains a register of licences and manages the licence application process.c.Are there

106、any designated areas of the territorial sea or exclusive economic zone of Australia intended to enable fast-track development of floating wind projects and technologies?The OEI Act empowers the Australian Government to designate areas to be used to develop offshore RE infrastructure.In fact,a minist

107、erial declaration must be made before feasibility or commercial licences can be granted over an area under the OEI Act.In December 2022 and following a public consultation,the Bass Strait off Gippsland in Victoria was designated as Australias first offshore wind zone.10 The other regions for offshor

108、e wind energy projects include:the Pacific Ocean region off the Hunter Valley in NSW.This was designated as the second offshore wind zone in July 2023,11 with the application period for feasibility licences recently opening;12 the Pacific Ocean region off the Illawarra in NSW,where the consultation

109、period has commenced;13 14 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review the Southern Ocean region off Portland in Victoria.While the consultation period has begun,there has been opposition from the South Australian government in relation to state waters being included as

110、 a development zone;the Bass Strait region off Northern Tasmania;14 and the Indian Ocean region off Perth/Bunbury,WA.15 Victoria has placed offshore wind at the centre of its plan to meet its net zero target by 2050 and is targeting at least 2GW of offshore generation capacity by 2032,4GW by 2035 an

111、d 9GW by 2040.Studies commissioned by the Victorian Government found that the waters near Gippsland and Portland have the potential to support 13GW of capacity,equating to more than five times the current RE generation in Victoria.These regions are close to existing grid infrastructure and experienc

112、ed personnel in the energy sector.In NSW,the pathway for renewable projects has been enacted by the Electricity Infrastructure Investment Act 2020(NSW)and the NSW Electricity Infrastructure Roadmap.The Roadmap will deliver five Renewable Energy Zones(REZs)in the Central-West Orana,Illawarra,New Engl

113、and,South-West and Hunter-Central Coast regions of NSW.The REZs will deliver an intended network capacity of 12GW.14.Adrijana Buljan Australia Soon to Move Forward with Two More Offshore Wind Zones(Offshorewind.biz,30 August 2023)accessed 11 December 2023;Australian government,Department of Climate

114、Change,Energy,the Environment and Water,Consultation hub-Offshore renewable energy infrastructure area proposal:Northern Tasmania,Bass Strait,TAS accessed 11 December 2023.15.Adrijana Buljan Australia Soon to Move Forward with Two More Offshore Wind Zones(Offshorewind.biz,30 August 2023)accessed 11

115、December 2023.d.Are there any specific legal or regulatory regimes relating to access to ports and permitted activities within ports such as construction and assembly activities required for FLOW projects(e.g.restrictions on foreign ownership)?Governance of marine functions and activities are a stat

116、e-by-state approach in Australia.In Victoria,the Port of Hastings has been identified as the primary port to facilitate the assembly of the first tranche of fixed bottom OSW projects in waters off the Victorian coastline.However,given the likely location of the first Australian FLOW projects in REZs

117、 offshore NSW,additional port capacity and access to port infrastructure in NSW and Victoria will be required for the construction,assembly and integration of components for such projects.Foreign investment in Australia is monitored and regulated by the Foreign Investment Review Board(FIRB).Foreign

118、investors would need to consider and plan for the application of the Foreign Acquisitions and Takeovers Act 1975(Cth)(as amended)and its corresponding regulations to offshore wind operations.There is also a national access regime regulating rights for third parties to gain access to certain infrastr

119、ucture services.The rules of the national access regime and the regulators role(being the Australian Competition and Consumer Commission(ACCC)is set out in Part IIIA of the Competition and Consumer Act 2010(Cth).This regime may become relevant depending on the nature of the access and infrastructure

120、.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 155.Which government authorities/public bodies are responsible for the regulation of FLOW in Australia?Government body/authority Role Minister May invite eligible persons to apply for a licence and determines where there are

121、overlapping applications.Responsible for making all licensing decisions under theframework.RegistrarResponsible for administering the licensing scheme,including assessing licence applications and making recommendations to theMinister.Offshore Infrastructure Regulator(Regulator)Sits within the Nation

122、al Offshore Petroleum Safety and Environmental ManagementAuthority.Responsible for oversight of work,health and safety,environmental management,infrastructure integrity and financial security for offshore infrastructure activities.NOPTAStaff within NOPTA assist the Registrar.DCCEEW Responsible for l

123、eading area identification process and advising and supporting theMinister.Prior to commencing offshore infrastructure activities,a licence holder will also be required to submit a management plan to the Regulator for assessment.Management plans will contain details about the operational aspects of

124、a project and content will vary according to the licence and type of project.6.What consents/authorisations/licences etc.are required for the development,construction and operation of a FLOW project in Australia(e.g.seabed lease and survey and meteorological data collection licence,marine constructi

125、on licence,habitats and wildlife protection licence,environmental impact assessment,grid connection agreement,electricity generation and transmission licence,etc.)?As mentioned,there are currently four categories of licences associated with the operation of FLOW farms.These are:Feasilibity licences.

126、Allow a licence holder to assess the feasibility of an offshore infrastructure project that the licence holder proposes to carry out in the licence area prior to being eligible for a commercial licence.Commercial licences.Allow a licence holder to carry out an offshore infrastructure project in the

127、licence area for the purpose of exploiting RE resources in the licence area.R&D licences.Allow a licence holder to carry out an offshore infrastructure project for any of the following purposes:*to conduct research relating to the feasibility or capabilities of a technology,system or process;*to dem

128、onstrate the capabilities of a technology,system or process;*to conduct research relating to the exploitation of,or exploration for,RE resources.Transmission and infrastructure licences.Allow a licence holder to carry out an offshore infrastructure project for any of the following purposes:*to asses

129、s the feasibility of storing,transmitting or conveying electricity or an RE product in or through the licence area;*to store,transmit or convey electricity or an RE product in or through the licencearea.16 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Reviewa.Are there separate

130、marine/environmental licences or adaptations from standard licences required for FLOW projects?At this stage,no additional or separate licences are required for development of offshore wind projects other than the standard licences under the OEI Act,although marine spatial planning consents and cons

131、ents to access public land and seabed for feasibility studies for such projects may be required under separate state legislation.b.Are consents required at a national level or state/municipal level?Offshore wind is regulated by the OEI at national level with applications being considered by the Regi

132、strar and approved by the Minister.Certain consents such as for marine spatial planning and to access public land and seabed for feasibility studies for such projects may be required under state legislation.c.Are any costs of such licences or connection charges recoverable under any applicable subsi

133、dy or support scheme?In addition to the application fee,licence holders will need to pay the following three annual levies:annual licence levy;annual compliance levy;and annual Commonwealth levy.At this stage,it has not yet been announced whether the application fee or levies will berecoverable.7.Ar

134、e there any financial incentives/support schemes for the development of FLOW projects(e.g.grant funding,feed-in tariffs/feed-in premiums/contracts for difference,tax incentives or other forms of subsidy)in Australia?Are these specific to FLOW,to offshore wind or renewables in general?Government supp

135、ort programmes exist across the financial spectrum for RE,from grant funding to equity,debt and bond-like products.These range from being related to energy/resource in general to being specific to offshore wind,with notable support programmes including:Tax concessions.May be possible(for example,the

136、 Research and Development Tax Incentive).A Research and Development Tax offset regime allows a research and development entity to claim a tax offset for expenditure on defined“core”or“supporting”research and development activities.Grants.There are now more than 130 Commonwealth programmes relating t

137、o RE,including the Australian Renewables Energy Agency and the Modern Manufacturing Initiative.Major Project Status(MPS).Offshore wind projects may be awarded MPS which provides the project access to bespoke,tailored facilitation,referral and information services by the Major Projects Facilitation A

138、gency for three years.This includes assistance in understanding and navigating the Australian government regulatory approvals process.The MPS is awarded at a federal level and the criteria to be awarded MPS status are as follows:*the project is of strategic significance to Australia(which includes c

139、ontributing significantly to economic growth)and with an estimated investment of more than A$50 million;*the project is facing complex regulatory approval challenges with Australian government approvals;and*the project has sufficient financial resources and is commercially viable.Debt or equity fund

140、ing.This can be directly administered by Commonwealth departments such as Industry,Science,Energy and Resources,or delivered through corporate Commonwealth entities such as Clean Energy Finance Corporation,Export Finance Australia or the Northern Australia Infrastructure Facility.To date,feed-in tar

141、iffs have not been utilised to support large-scale projects in Australia,although capped CfDs were used in both the Victorian Renewable Energy Target(VRET)1 and 2 auctions.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 178.Please also provide details of the relevant fundin

142、g programme and the allocation methodology(i.e.are there designated rounds with funding or capacity limits and is allocation based on a competitive tender among pre-qualified applicants,direct purchase or negotiatedpurchase?).In addition to the above,the Victorian government is further supporting th

143、e offshore wind sector through the Energy Innovation Fund(EIF),which is targeted at funding the commercialisation of RE technologies in Victoria.It can fund up to 50%of a projects eligible expenditure(which includes contract preparation,wages,legal expenses,licensing and intellectual property costs,

144、but not property acquisition or research and development costs).Round 1 of the EIF was dedicated to offshore wind with three projects securing funding of a total of A$37.9 million to support feasibility and preconstruction activities.In December 2023 the Victorian Government launched its Offshore Wi

145、nd Energy Implementation Statement 3 which committed it to develop a comprehensive financial support package,integrated with national energy funding incentives,for the first tranche of OSW projects in declared areas adjacent to the Victorian coastline so as to ensure that these projects are bankable

146、.The Victorian Government is considering a support package structure based on a CfD with a term of up to 20 years to help mitigate market revenue risk,in combination with availability based additional payments to close the revenue-cost gap,potentially also including a payment cap.The support package

147、 will be awarded following a competitive auction process which will assess both price and non-price factors with a majority weighting for price to satisfy value-for-money concerns while driving both project delivery and ensuring wider policy objectives such as support for local industry and jobs and

148、 Traditional Owner benefits sharing.In NSW,the NSW Government appointed the Australian Energy Market Operator as the“Consumer Trustee”tasked with the duty to protect the long-term financial interests of NSW electricity consumers.This includes the coordination and planning of long-term investment in

149、generation,storage and transmission in NSW(including awarding Long-Term Energy Service Agreements(LTESAs).It also involves the design and conduct of the competitive tender process to facilitate this investment,undertake authorisation of REZ transmission infrastructure,and provide financial risk mana

150、gement and advice.9.Are such support schemes made available at the national or state/municipal level?Once awarded,are such support schemes capable of adjustment to allow for increased costs of procurement,inflation or other matters beyond the control of the project developer?Do such support schemes

151、apply during periods of negative wholesale electricity pricing?The terms of support provided by such schemes(as announced on a state-by-state and territory-by-territory basis)are negotiated between parties and may allow for adjustment.For example,the LTESAs contain“change in law”and“cost change”prov

152、isions which allow the parties to possibly negotiate for adjustment,following efforts to mitigate additional costs incurred.10.What is the revenue structure/offtake arrangement proposed for FLOW projects in Australia(e.g.is there a state owned or mandated electricity offtaker who is the sole purchas

153、er of power and renewable energy certificates from the project or the purchaser of a specified capacity)?If so,are offtake contracts negotiable or is there a specified price or required standard form contract?Does such offtake contract need to be approved by any regulator?Is the project free to disp

154、ose of the electricity in excess of any predetermined capacity quota or is it obliged to sell into a regulated wholesale market?There is no mandated electricity offtaker at this stage and the feasibility licence application allows for applicants to detail their“preferred”option for the supply or tra

155、nsmission of the electricity and/or RE products that would be generated by the proposed project.The Minister will assess an applicants plans for addressing future grid connection agreements and end user/offtake agreements.18 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory ReviewGi

156、ven that the projects which have been officially announced are still in the feasibility stage,we anticipate that any revenue structure/offtake arrangements for FLOW projects being considered will be announced in due course.However,it is not clear at this time what the government(both federal and sta

157、te)approach to offtake and support mechanisms or what the likely capacity and usage(and competition issues for third party access)of port and transmission infrastructure will be.In this regard,some guidance can be drawn from the recently announced Offshore Wind Energy Implementation Statement 3 by t

158、he Government of Victoria,which,although not specific to FLOW projects,is based upon international precedents that have shown themselves to be capable of application to FLOW projects.11.Are there any restrictions on foreign companies participating in FLOW projects in Australia?For example,is domesti

159、c ownership of the company required(e.g.national shareholders)or is a foreign company required to establish a local branch in Australia?There are currently no restrictions on foreign companies applying for a feasibility licence.However,overseas participants will need to consider additional factors i

160、n making their application to participate in an offshore wind farm project,including whether any approval from the Australian FIRB or ACCC is required.A foreign company looking to apply for a feasibility licence must also obtain an Australian Registered Body Number and have a registered office or ag

161、ent in Australia.12.Are there any restrictions on the ownership or construction of transmission assets relating to FLOW projects(e.g.can these only be constructed and owned by the national electricity transmission system operator in Australia)?As the offshore wind farm industry is in its infancy,the

162、re are currently no specific restrictions on the ownership or construction of transmission assets relating to FLOW projects.However,the Ministers assessment of an application for a feasibility licence or transmission and infrastructure licence may include a review of the applicants assets to determi

163、ne the applicants technical and financial capabilities to carry out the proposed commercial offshore infrastructure.Approval from the Australian FIRB may also be a consideration if the applicant is a foreigncompany.13.Are there any requirements in Australia for any marine structures that comprise a

164、FLOW farm to be registered in any local ship register or for a FLOW farm to be formally certified or classified?At this stage,it has not been announced whether marine structures that comprise a FLOW farm will need to be registered in any local ship register or for a FLOW farm to be formally certifie

165、d or classified separately from the legislation considered in this report.Foreign investors will need to consider whether the project must be registered with FIRB as a critical infrastructure asset or otherwise.Further,the Security of Critical Infrastructure Act 2018(Cth)may require compliance.14.Ar

166、e there any local content requirements in Australia in relation to the procurement of goods and services for FLOW projects or other non-price criteria for licensing or subsidy allocations such as sustainability,innovation and local community benefit requirements?It has not yet been announced whether

167、 local content requirements will be required in relation to the procurement of goods and services for FLOW projects.This policy will likely be considered and announced at a later date.15.Are project developers required to provide any security or guarantees to the government agency administering any

168、support scheme for FLOW projects or the regulator(e.g.bid bonds for non-delivery or performance guarantees in respect of failure to meet contracted performance)?As part of the application process for a feasibility licence,applicants will need to demonstrate that they have the financial capability to

169、 carry out the proposed commercial offshore infrastructure project.As mentioned,this is a merit-based assessment and therefore a conditional guarantee from another entity that the funds will be available to the applicant upon the grant of the licence may be considered.At this stage,however,project d

170、evelopers are not required to provide any security or guarantees to the government agency administering any support scheme for FLOW projects or the Regulator.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 1916.Are there any particular regulatory incentives for the use of F

171、LOW for green hydrogen production or electrification of oil and gas platforms(e.g.investment allowances for oil and gas producers)?On 22 November 2019,the Council of Australian Government Energy endorsed a national hydrogen strategy which sets out the development of a clean,innovative,safe and compe

172、titive hydrogen industry.This led to States and Territories releasing their respective hydrogen action plans which set out the regulatory incentives for hydrogen production.NSWs hydrogen plan,for example,provides up to A$3 billion in incentives to commercialise hydrogen supply chains and reduce the

173、cost of green hydrogen.Victorias renewable hydrogen industry development plan details its hydrogen energy supply chain,a project to safely and efficiently produce and transport cleanhydrogen.Regarding tax,there are generally no specific state-based incentives for oil and gas activities.NSW does curr

174、ently have a tax holiday for up to five years for coal seam gas projects.17.Please summarise any other relevant points in relation to the development of FLOW projects in Australia.For example,is there an existing offshore oil and gas industry in Australia given the overlap with FLOW and the likeliho

175、od of suitable port facilities and skilled workforce?Whilst Australia has made significant advances towards FLOW projects,offshore wind farms in Australia are a nascent industry,many proposals remain in their infancy and much of the regulations will need to be expanded before actual development can

176、take place.Australia has a long-standing offshore oil and gas industry and has been exploring beneath deep waters for more than 40 years.Infrastructure,technology and knowledge from the oil and gas industry will help drive development of the offshore wind industry in Australia,in addition to Austral

177、ias mature port and transport industry.Kym LivesleyPAuthor Dentons Australia Limited20 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory ReviewBrazil1.Summarise the status of any current and proposed floating offshore wind(FLOW)developments in Brazil(such as announced procurement go

178、als and awards of individual projects,or adoption of specific legislation).What is the projected outlook for FLOW beyond 2030 in Brazil?The FLOW industry in Brazil is currently underdeveloped,with investor interest and proposals for future projects mainly focused on fixed offshore wind.The Brazilian

179、 Institute of Environment and Natural Resources(IBAMA)reported 71 applications for environmental investigation licences for offshore wind projects,with most scheduled to start from 2030 onwards.These projects are expected to generate 176.6GW in total.Although FLOW has not been identified specificall

180、y as part of Brazils plans for the energy sector,the country has demonstrated a strong commitment to decarbonisation.Brazil also has nearly 7,500km of coastline with two broad shelves with large technical potential for FLOW.Indeed,the southeast coast has 277GW of technical potential,while the southe

181、rn coast has 430GW.The 2030 National Energy Plan,a long-term plan for Brazils energy sector published by the Ministry of Mines and Energy(MME),prioritised national research focused on offshore wind technology and included it as one of the countrys generation sources.Brazil aims to source 45%of the c

182、ountrys energy needs from renewable sources by 2030,with 23%derived from wind,solar and biomass.By 2029,it aims to have 17%of its national electricity generation generated from wind power.16.SPOTLIGHT|Brazils gigascale offshore wind boom looms but will vision match reality?(Aegir,22 September 2023)a

183、ccessed 11 December 2023.There is strong interest and commitment both locally and from foreign investors in offshore wind in Brazil.A number of the proposed future projects come from European developers,including oil and gas companies such as TotalEnergies,Shell and Equinor.The Brazilian government

184、has encouraged investment by issuing a decree enabling the implementation of necessary offshore studies and the identification of suitable areas for the development of offshore wind projects.The Minister of Mines and Energy,Alexandre Silveira,also recently confirmed that the long-anticipated sector

185、policy for offshore wind will be ready“by December of 2023”.16 This could be essential in advancing Brazils offshore windindustry.2.What challenges are faced by the FLOW industry in developing FLOW projects in Brazil(e.g.societal opposition,meteorological,procurement,grid connections,access to deepw

186、ater ports and port logistics etc.)?The challenges faced by Brazils FLOW industry mainly stem from its underdeveloped status.Environmental studies are still being conducted and delivered to IBAMA.The sector also lacks regulation and needs to focus on developing the necessary infrastructure and suppl

187、y chain to overcome its infancy and geographical hurdles.Planning/regulatory approvals.Brazil has yet to enact legislation or regulations to govern the development of FLOW projects.Marcelo Storrer,Chairman of the Brazilian Association of Maritime Energies,criticised the industry on its extreme legal

188、 uncertainty and lack of a robust set of regulations.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 21 Infrastructure.Brazil will need to develop the necessary transmission infrastructure and map out areas for development.In contrast to onshore wind infrastructure,offshore

189、 wind equipment is larger and more complex.At this stage,there are no manufacturers of blades,wind towers or foundations for such equipment in Brazil.Basic port infrastructure to serve the market is also lacking.A large system of high-voltage submarine cables would also be needed to connect new offs

190、hore projects to the grid.Supply chain.The supply chain for Brazils onshore wind market is limited to a few companies,with a single national turbine supplier owning a small market share.There are difficulties in the industry regarding blade supply,suppliers of components for the wind turbines,wind t

191、ower manufacturers,cost of steel,logistics and crane availability.The development of a comprehensive supply chain for offshore wind,including installation,will face similar,if not greater,challenges than the onshore wind market.3.Is there a World Bank Offshore Wind Roadmap for Brazil or any announce

192、d plans by the government of Brazil,such as targets for installed FLOW capacity by certain dates?Other than set out above,what does it suggest and has any of it been adopted?There is a World Bank Offshore Wind Roadmap for Brazil,published in May 2020,which shows a potential of 480GW for fixed offsho

193、re wind and 748GW for FLOW,totalling 1,228GW of potential energy generation.The technical potential identified aligns with Brazils plans for the energy sector in terms of fixed offshore wind,but the lack of financial and political investment in the FLOW sector has so far failed to capitalise on all

194、of Brazils potential.17.“Assignment”can be interpreted as“assignment of rights”or as the“transfer to the assignee of the right to use”.The right of use is granted through a fixed-term administrative contract between the Brazilian government and the company interested in utilising the offshore area.4

195、.Outline broadly the legal/statutory/regulatory regime and organisational framework for the development of FLOW in Brazil.a.Are the granting of operational licences or seabed leases subject to a competitive tender process or direct negotiation?Developers of FLOW projects will likely require an opera

196、tional licence.The issuance of operational licences is subject to a bidding process,in which the MME evaluates factors to assess the highest economic return.Relevant criteria include:sustainable development;jobs and income generation;rationality in the use of natural resources for the security of el

197、ectric energy;integration with other sectors;development of new energy-related technologies;harmonisation with other users of the relevant maritime space;and other factors related to the socio-economic and environmental impact of each project.The bidding process is subject to an order being issued b

198、y the Interministerial Commission for Sea Resources Decree No.10,946/2022(the Decree)which specifies two processes:planned assignment17 and independent assignment.Both require a bidding process,but in a planned assignment the area for exploration is pre-determined,whereas in an independent assignmen

199、t the interested parties are required to indicate the geo-referenced boundaries.b.Is there a specific legal/regulatory regime for FLOW projects in Brazil,as opposed to broader offshore wind or renewables projects in general?There is no specific legal or regulatory regime for FLOW projects,but the De

200、cree governs the exploitation of offshore wind energy in Brazil.Pursuant to the Decree,exploitation rights shall be granted through the assignment of the use of maritime spaces,authorised by the MME and formalised via an onerous assignment contract for the use of public property.22 Floating Offshore

201、 Wind New Breakout Markets:a Legal and Regulatory ReviewThe generator will also require an authorisation from the Agncia Nacional de Energia Eltrica(ANEEL).The MME may delegate to ANEEL powers to sign the assignment contracts and carry out any necessary acts for their formalisation.18 ANEEL requires

202、 offshore wind projects to comply with several requirements,including Fault Ride Through,frequency support(response to variations in the grid frequency),voltage support and reactive power(minimum and maximum amount of energy generated and consumed),and active power control and remote operation.19 Th

203、e Bill of Law No.576/2021 regulates the granting of authorisations for the use of offshore energy.c.Are there any designated areas of the territorial sea or exclusive economic zone of Brazil intended to enable fast-track development of floating wind projects and technologies?The Decree enables offsh

204、ore wind research and generation projects within the physical spaces of the federal governments internal waters,the territorial sea,the EEZ and the continental shelf of Brazil.The assignment of usage covers areas under the governance of items V and VI of Article 20 of the Brazilian Constitution,para

205、graph 2 of Article 18 of Law No.9,636/1998,Articles 1,6 and 11 of Law No.8,617/1993 and the United Nations Convention on the Law of the Sea.18.Decree to regulate the exploitation of offshore wind energy is published(Campos Mello Advogados,28 June 2023)accessed 11 December 2023.19.Ministrio de Minas

206、e Energia,Roadmap Elica Offshore Brasil(2020)accessed 11 December 2023.d.Are there any specific legal or regulatory regimes relating to access to ports and permitted activities within ports such as construction and assembly activities required for FLOW projects(e.g.restrictions on foreign ownership)

207、?According to the Decree,the assignment of usage shall be preceded by a Declaration of Prior Interference(DIP),which confirms the existence(or lack)of interference of the prisms with other existing enterprises or activities(such as maritime and aerial navigation).The DIP shall be requested by the in

208、terested party before the competent authorities,including the Ministry of Infrastructure.IBAMA also has the authority to license organised ports and port facilities that handle loads exceeding 450,000 TEU per year or 15 million tons per year.This authority extends to private use terminals and port f

209、acilities,handling cargo in excess of 450,000 TEU per year or 15 million tons per year.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 235.Which government authorities/public bodies are responsible for the regulation of FLOW in Brazil?Government body/authority Role Air Forc

210、e Command Issues the DIP.ANEELEstablished by Federal Decree No.2,335/1997 and Law No.9,427/1996 as the national agency that regulates the electricity sector in Brazil.Chico Mendes Institute for Biodiversity ConservationAdministrative arm of the Brazilian Ministry of the Environment.Issues the DIP.IB

211、AMAIssues the DIP.Established by Federal Decree No.8,437/2015 as the central federal agency in charge of environmental licensing.Interministerial Commission for Sea ResourcesNational entity that advises on issues related to marine resources,especially those of scientific and technological research.M

212、inistry of Agriculture,Livestock and SupplyIssues the DIP.Ministry of EconomyPlans Brazils economic matters and manages,plans and executes Brazilian fiscal policy.Manages public expenditure,financial institutions,insurance and private pension plans.Ministry of InfrastructureIssues the DIP.Ministry o

213、f TourismIssues the DIP.MMEEstablished by Law No.3,782/1960.Seeks to foster investment in mining and energy-related activities,fund research and set out government policies.National Agency of Oil,Natural Gas and BiofuelsIssues the DIP.National Telecommunications AgencyIssues the DIP.Navy CommandIssu

214、es the DIP.24 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review6.What consents/authorisations/licences etc.are required for the development,construction and operation of a FLOW project in Brazil(e.g.seabed lease and survey and meteorological data collection licence,marine con

215、struction licence,habitats and wildlife protection licence,environmental impact assessment,grid connection agreement,electricity generation and transmission licence,etc.)?IBAMA requires three licences in order to authorise the operation of FLOW projects:the Preliminary Licence,which attests the envi

216、ronmental viability of the project in terms of its planning and location;the Installation Licence,which authorises the installation of the project,in accordance with the specifications set out in the plans,programmes and projects approved during the previous phase;and the Operation Licence,which aut

217、horises the operation of the project and determines the environmental control measures and conditions.a.Are there separate marine/environmental licences or adaptations from standard licences required for FLOW projects?IBAMA is the relevant federal agency appointed pursuant to Federal Decree No.8,437

218、/2015 to grant licences for wind power plants and projects in connection with offshore activities and in the land-sea transition zone.b.Are consents required at a national level or state/municipal level?Consents for FLOW projects are required at the national level.According to Articles 13 and 7,XIV,

219、“b”,of Complementary Law No.140/2011,a single federated entity(in this case,the federal government)is responsible for the environmental licensing of FLOW projects.There has been a surge in environmental licence requests,totalling more than 176GW in requests with an average capacity of 2.7GW per proj

220、ect.20.This is the Social Integration Programme(Programa de Integrao Social),which implements the social tax contribution paid by companies in order to finance the payment of unemployment insurance and abandonment to the employees who earn up to two minimum salaries.c.Are any costs of such licences

221、or connection charges recoverable under any applicable subsidy or support scheme?There are no specific subsidies or support schemes available for recovering the costs of licences associated with developing a FLOW project.7.Are there any financial incentives/support schemes for the development of FLO

222、W projects(e.g.grant funding,feed-in tariffs/feed-in premiums/contracts for difference,tax incentives or other forms of subsidy)in Brazil?Are these specific to FLOW,to offshore wind or renewables in general?There are several financial incentives and support programmes for onshore wind projects in Br

223、azil.We expect similar incentives to be available for FLOW projects in the future.The Programme for Investment Partnerships(Programa de Parcerias de Investimentos)can be used for:(i)public infrastructure projects that are to be performed through partnership agreements to be signed by the direct or i

224、ndirect bodies of the Brazilian federal government;(ii)public infrastructure projects to be performed through partnerships signed by the government of states or municipalities directly or indirectly,but delegated by the federal government;and(iii)other measures established by the National Privatisat

225、ion Plan,pursuant to Law 9,491/97.The Special Incentive Regime for Infrastructure Development(REIDI)creates tax breaks for infrastructure construction projects.REIDI suspends the contribution of the social contribution tax20 and the federal contribution tax for social security financing.The National

226、 Bank for Economic and Social Developments(BNDES)differentiated financing conditions for wind energy projects,with a specific methodology for accreditation of wind turbines.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 25In addition,the Foreign Exchange Market Legal Frame

227、work(Law No.14,286/2021)allows payments in foreign currency for contracts entered into by exporters in which the counterparty is a concessionaire,permissionaire/permit holder,licensee or lessee in the infrastructure sector.This framework will permit foreign companies within the energy field to enter

228、 into sale and purchase agreements using foreign currency,expanding the financing possibilities for projects within the energy sector.We expect that FLOW projects will be able to take advantage of the financial incentives above,just as onshore wind projects have.8.Please also provide details of the

229、relevant funding programme and the allocation methodology(i.e.are there designated rounds with funding or capacity limits and is allocation based on a competitive tender among pre-qualified applicants,direct purchase or negotiated purchase?).The BNDES is the main financial support instrument in Braz

230、il for investments in all economic sectors.FLOW projects are likely to request financing from the BNDES,similar to onshore wind projects.To request financing from the BNDES,a company may either request:(i)direct support(which generally covers the qualification stages,request for financial support,an

231、alysis,hiring and follow-up work);or(ii)indirect support(for which the company must request financing from one of the financial institutions credentialled by the BNDES).For indirect support,credentialled financial institutions assume the risk of the financing operations and have their own policies a

232、nd rules for granting credit.Following their risk analysis,they can approve the operation in its form as requested by the client,or change their percentage of participation in financing and terms of the project,subject to the maximum limits set by the BNDES,as well as other regulations including tho

233、se set by the Brazilian Central Bank.The credentialled institutions also define the guarantees for the project.As each institution has its own procedure,the timeframe for the approval of credit differs based on the transferring institution.Only following the credit approval can the project be put fo

234、rward for approval by the BNDES.The financial institution will then instruct its client to commence the project.After the contractual registrations are made,the credentialled institution sends the request to the BNDES for release of the first(or only)section of the credit.Once the request is approve

235、d by the BNDES,the resources are released to the financial institution,which must pass them on to the company within one business day.9.Are such support schemes made available at the national or state/municipal level?Once awarded,are such support schemes capable of adjustment to allow for increased

236、costs of procurement,inflation or other matters beyond the control of the project developer?Do such support schemes apply during periods of negative wholesale electricity pricing?Onshore wind projects benefit from support schemes made available at both the national and state level.We expect FLOW pro

237、jects to benefit from the same,but there is currently no regulation which details how such support schemes will be made available for FLOW projects.For financial funding from the BNDES,the timeframe consists of the grace period and the amortisation period.It is determined by the BNDES or,in the case

238、 of indirect support,by the credentialled financial institution.Early payment of the debt(partial or total)requires prior authorisation by the BNDES and it does not necessarily release the company from the obligation to carry out the investment objective of the financing.10.What is the revenue struc

239、ture/offtake arrangement proposed for FLOW projects in Brazil(e.g.is there a state-owned or mandated electricity offtaker who is the sole purchaser of power and renewable energy certificates from the project or the purchaser of a specified capacity)?If so,are offtake contracts negotiable or is there

240、 a specified price or required standard form contract?Does such offtake contract need to be approved by any regulator?Is the project free to dispose of the electricity in excess of any predetermined capacity quota or is it obliged to sell into a regulated wholesale market?26 Floating Offshore Wind N

241、ew Breakout Markets:a Legal and Regulatory ReviewANEEL is the main agency responsible for contracting offshore areas for power generation.Recently,the new generation concessions are granted through a bidding procedure which lasts up to 35 years.This period is not expected to be further extended,unde

242、r Brazilian Laws 8,987/1995 and 9,074/1995.A specific regulation from ANEEL for FLOW is scheduled to be issued during the first part of 2024.However,currently there is no existing revenue structure for offtake arrangements proposed for FLOW projects.11.Are there any restrictions on foreign companies

243、 participating in FLOW projects in Brazil?For example,is domestic ownership of the company required(e.g.national shareholders)or is a foreign company required to establish a local branch in Brazil?There are no restrictions on foreign companies participating in FLOW projects.However,only companies he

244、adquartered in Brazil,foundations,associations and public entities may request a personal guarantee from the BNDES in respect of financial obligations assumed by applicants with national or foreign creditors.12.Are there any restrictions on the ownership or construction of transmission assets relati

245、ng to FLOW projects(e.g.can these only be constructed and owned by the national electricity transmission system operator in Brazil)?Bill No.576/2021 regulates the exploitation of offshore wind energy in Brazil.The bill provides for the transfer of the exploration right of maritime surfaces by means

246、of an assignment of the use of a public asset.The bill provides that the granting of a concession or authorisation will be formalised by a grant agreement,reflecting the conditions of the tender and information provided by the winning bidder.Law No.14.133/2021,which regulates biddings and administra

247、tive contracts,establishes that the contracting party may be a natural person,a legal entity or a consortium of legal entities.In addition,Law No.14.133/2021 permits the participation of a natural person,a legal entity or a consortium of legal entities with the possibility of quotation of prices in

248、foreign currency,or bidding in which the contractual object can or should be executed in whole or in part in a foreign territory.On the other hand,if it is an authorisation granted by Brazilian government,the bidding process is no longer needed since the authorisation is a unilateral administrative

249、act by which the public power transfers by delegation the execution of a public service to third parties.Article 6,subsection XXXV of Law No.14.133/2021 defines an international bid as the bidding processed in a national territory in which the participation of foreign bidders is admitted,with the po

250、ssibility of quoting prices in foreign currency,or bidding in which the contractual object can or must be executed in whole or in part in a foreign territory.In order for a company to apply for financing through the BNDES,it must meet specific criteria and requirements established for the accreditat

251、ion of wind turbines with or without a gearbox.To do so,it is necessary to comply with the“Regulation for the Accreditation of Wind Turbines in BNDES CFI System”.To name a few,the blades and the towers must be manufactured in Brazil,using domestic components(platforms,ladders,supports,guardrails,con

252、duits and 50%of the flange connection bolts).Article 6 of Decree No.10,946/2022 determines that the commercialisation of electricity from offshore power generation projects must comply with Law No.10,848/2004,which sets out the general rules for the commercialisation of electricity.Also,Article 7 of

253、 such Decree establishes that the implementation of an offshore power generation project intended for self-production without connection to the National Integrated System(SIN)shall comply with the rules of Decree No.5,163/2004.The MME will establish the procedures for the integration of the offshore

254、 energy generation projects to the SIN.Furthermore,DIP issuance by the authorities listed in Question 5 above is required.In regard to more practical aspects,the contract for exploring offshore electricity generation shall provide the necessary studies to identify the offshore energy potential of th

255、e prism,according to criteria and deadlines established by the MME.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 27Brazil has several research requirements in connection with the bidding process.According to Decree No.10,946/2022,the interested party must conduct research

256、 of the offshore power potential,including preliminary technical,economic and socio-environmental analysis.The research must be approved by ANEEL in order to be compliant with the criteria established by the MME.The bidding process itself considers the criteria mentioned in Question 4(a)above.13.Are

257、 there any requirements in Brazil for any marine structures that comprise a FLOW farm to be registered in any local ship register or for a FLOW farm to be formally certified or classified?There are no requirements that marine structures that comprise a FLOW farm be registered in a local ship registe

258、r.As stated above,Decree No.10,946/2022 and Bill of Law No.576/2021 regulate the granting of exploration rights in respect of maritime spaces.However,they do not specify requirements in relation to marine structures.Marine spatial planning is currently under development in the southern region of the

259、 country by the BNDES and the Secretary of the Interministerial Commission for Sea Resources.14.Are there any local content requirements in Brazil in relation to the procurement of goods and services for FLOW projects or other non-price criteria for licensing or subsidy allocations such as sustainab

260、ility,innovation and local community benefit requirements?Brazil has several research requirements in connection with the bidding process.According to Brazilian Decree No.10,946/2022,the interested party must carry out studies of the offshore power potential,including preliminary technical,economic

261、and socio-environmental analysis.The studies must be approved by ANEEL,to certify whether the studies comply with criteria established by the MME.The bidding process itself considers the criteria mentioned in Question 4(a)above.Companies that operate public services granted under concession,or that

262、carry out industrial or commercial activities,are obliged to maintain in their staff(when comprising three or more employees)a proportion of no fewer than two-thirds of Brazilian employees.However,a lower proportion may be established,taking into account the special circumstances of each activity,by

263、 means of an act of the Executive Branch,and after the National Department of Labour and the Social Security and Labour Statistics Service have duly ascertained the insufficiency of the number of Brazilians in the activity in question.15.Are project developers required to provide any security or gua

264、rantees to the government agency administering any support scheme for FLOW projects or the regulator(e.g.bid bonds for non-delivery or performance guarantees in respect of failure to meet contracted performance)?For example,in the upstream oil and gas industry,there is often a requirement to provide

265、 parent company guarantees or bank support/credit to guarantee minimum work obligations or in case of environmental damage.In order to secure the bid and avoid the bid winner refusing to proceed with the project without a cause,or it fails to submit the necessary documents for the formalisation of t

266、he contract,Brazilian Public Bidding Law(Article 58 of Law No.14.133/2021)states that it may be necessary for the bidder to provide a proof of payment of amount as a bid guarantee,which will not be higher than 1%of the estimated contract value.Nevertheless,such amount will be returned to the bidder

267、either when winning the bid and signing the contract,or when the bid is declared lost for that bidder.Article 96 of the same Law states that the guarantee must be provided in one of the following formats:(i)collateral in cash or government bonds;(ii)security bond;or(iii)bank-issued guarantee,or guar

268、antee issued by a financial institution duly authorised to operate in Brazil by the Central Bank of Brazil.28 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory ReviewUnder the financing regime with the BNDES discussed at Question 8,there are guarantee requirements for project develo

269、pers pursuing both the direct and indirect support route.For the direct support request,customers must present secured guarantees(such as mortgage,pledge,fiduciary property,receivables,etc.)and/or personal guarantees(such as surety or guarantee).For the indirect support request,the guarantee require

270、ments are negotiated between the credentialled financial institutions and theclient.16.Are there any particular regulatory incentives for the use of FLOW for green hydrogen production or electrification of oil and gas platforms(e.g.investment allowances for oil and gas producers)?Brazil has placed s

271、ignificant focus on green hydrogen as a renewable energy source.The Bill of Law No.725/2022 includes green hydrogen as an energy source in Brazil and sets out measures to encourage the use of sustainable hydrogen,but there are no particular regulatory incentives for the use of FLOW for green hydroge

272、n production or electrification of oil and gas platforms.However,a number of investors have submitted proposals for green hydrogen projects with power being sourced from offshore wind including:Fortescue Porto do Pecm(CE),Qair Martimo Drago(CE)and White Martins(RS).21.SPOTLIGHT:Brazils gigascale off

273、shore wind boom looms but will vision match reality?(Aegir,22 September 2023)accessed 11 December 2023.17.Please summarise any other relevant points in relation to the development of FLOW projects in Brazil.For example,is there an existing offshore oil and gas industry in Brazil given the overlap wi

274、th FLOW and the likelihood of suitable port facilities and skilled workforce?The FLOW industry in Brazil is still relatively underdeveloped,with projects scheduled to commence from 2030 onwards.Nevertheless,foreign developers have demonstrated a keen interest in committing to this industry.There is

275、considerable interconnection between the oil and gas industry and the future of the FLOW industry in Brazil.Many of the applications for offshore wind projects have been proposed by oil and gas majors such as TotalEneriges,Shell,and Equinor.Petrobras,the Brazilian state-controlled oil and gas compan

276、y historically focused on fossil fuel extraction,has announced its plans to get involved in the renewable energy sector with ambitious projects totalling 23GW.21 Its expertise in the planning and logistics of large offshore works would prove fundamental to the success of any future renewable offshor

277、eprojects.Rodrigo VellaP.brMaria VictriaA.brPedro GaioA.brBruna GobbiP.brAuthors Vella,Pugliese,Buosi e Guidoni Advogados,a strategic alliance with DentonsFloating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 2930 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory

278、 ReviewCanada1.Summarise the status of any current and proposed floating offshore wind(FLOW)developments in Canada(such as announced procurement goals and awards of individual projects or adoption of specific legislation).What is the projected outlook for FLOW beyond 2030 in Canada?There are current

279、ly no operational offshore wind projects in Canada.Since there are no operational offshore wind projects in Canada generally,our answers reflect the broader category of offshore wind,including FLOW.The development of offshore wind is regulated by the Canada Energy Regulator(CER),under Part 5 of the

280、Canadian Energy Regulator Act Offshore Renewable Energy Projects and Offshore Power Lines.Since 2020,Natural Resources Canada(NRCan)has been developing the Offshore Renewable Energy Regulations,which will provide safety,environmental protection and licensing requirements for ORE projects and power l

281、ines in Canadas offshore areas.Consultation on proposed Technical Requirements of the Offshore Renewable Energy Regulations has been completed and pre-publication of the regulations is expected in autumn 2023.22 While the federal regulations will apply to ORE projects in Canadas offshore areas(areas

282、 within provincial and territorial jurisdiction),these projects are likely to be an area of federal-provincial collaboration in the joint management of Canadas energy resources.There is potential for ORE developments on Canadas western,eastern and potentially northern coasts,as well as on the countr

283、ys Great Lakes.22.Offshore Renewable Energy Regulations Proposed Technical Requirements(Natural Resources Canada,undated)accessed 11 December 2023.23.Rust Belt to Green Belt Pilot(Illinois General Assembly Bill Status of HB2132,28 April 2023)accessed 11 December 2023.The first ORE projects were plan

284、ned in the early 2000s to be built in Ontarios lakes.However,these projects were subsequently cancelled or put on hold when the Ontario government imposed a moratorium on offshore wind in 2011,citing a lack of scientific research on the effects of such projects in the area.The moratorium was extende

285、d in 2017 and it is unclear at this time when,or if,it will be lifted.In the Great Lakes area,there is some development on the American side,with a proposed offshore wind project to be developed in Lake Michigan by the Illinois Power Agency.It is yet to be seen if this proposed project will prompt O

286、ntario to proceed in a similar manner.23 In British Columbia,the NaiKun Offshore Wind Energy Project,a 400MW capacity project located in Hecate Strait,was proposed prior to 2009.However,its environmental approvals expired in 2019 due to lack of a substantial start to development.The project was acqu

287、ired by Northland Power in 2020 and is currently in the early stages of development.A 17GW offshore wind project,the Allan Array Floating Wind Farm,is proposed for development off the coast of British Columbia and is in the early planning stages.There are no operational ORE projects in British Colum

288、bia at this time.The majority of proposed offshore wind projects and regulatory development stems from Canadas eastern coast.As such,the remainder of this report will focus,where applicable,on the Atlantic Provinces of Canada,namely Nova Scotia,Newfoundland and Labrador,Prince Edward Island and New

289、Brunswick.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 31The Impact Assessment Agency of Canada is currently undertaking two regional assessments under the Impact Assessment Act(IAA)for ORE projects in Nova Scotia and Newfoundland,with the goal of informing future projec

290、t-specific federal impact assessments in these areas.The governments of Nova Scotia and Newfoundland each have an established joint regulatory agency with the federal government,the Canada-Nova Scotia and Canada-Newfoundland Offshore Petroleum Boards,responsible for the development of offshore oil a

291、nd gas activities in these areas.In 2022,it was announced that each of these Boards mandates will be expanded to include the regulation of ORE development in the Nova Scotia and Newfoundland offshore areas,respectively.Amendments were proposed in May 2023 to implement the abovementioned expansion ma

292、ndate,which include renaming the Offshore Petroleum Boards the Canada-Nova Scotia Energy Regulator and Canada-Newfoundland Energy Regulator,and aligning offshore petroleum activities with the new provisions on ORE.24 Such amendments have been put forward in Bill C-49,aligning the offshore petroleum

293、activities with the new provisions on ORE.The second reading of Bill C-49 was completed in the Canadian House of Commons in October 2023.From an environmental perspective,the proposed amendments would have Marine Protected Areas standards apply to all offshore areas governed by the regulations.Offsh

294、ore wind farms may be permitted within Marine Protected Areas.25 Bill C-49 also clarifies that ORE activities would not be considered key industrial activities,but related activities which conflict with conservation objectives set out by the federal government may nevertheless be prohibited.26 24.Bu

295、ilding Offshore Renewables in Newfoundland and Labrador and Nova Scotia(Natural Resources Canada,30 May 2023)accessed 11 December 2023.25.Marine Protected Areas(Government of Canada,8 February 2023)accessed 11 December 2023.26.Dominique Amyot-Bilodeau and others,Canada Introduces New Legislation to

296、Regulate Offshore Wind Projects(Energy Regulation Quarterly October 2023)accessed 11 December 2023.27.CBC,“Nova Scotia government retreats on plan to fast-track wind farms in coastal bays”(November 2023),accessed 22 December 2023.28.Newfoundland and Labrador,“Provincial and Federal Governments Sign

297、Memorandum of Understanding to Advance Offshore Wind Power and Good Jobs”(December 2023),accessed 22 December 2023.In 2022,Nova Scotia set a target to auction off 5GW leases of offshore wind energy by 2030.However,in November 2023 Nova Scotia announced a pause on this plan to allow for further regul

298、atory development and public consultation.27 The government of Newfoundland and Labrador also previously lifted the moratorium on wind investment and development in the province in 2022,which was in place in relation to onshore wind development since 2007.In December 2023,Newfoundland and Labrador s

299、igned a Memorandum of Understanding(MOU)on offshore wind to enable the Province to take the lead on offshore wind projects within its inland bays.28 The MOU establishes a process to administer land tenure and life-cycle regulation,and the province intends to move quickly to develop offshore projects

300、 within its provincial bays.Prior to these regulatory developments,four projects were proposed in the Atlantic Canada region(Nova Scotia,Newfoundland,New Brunswick and Prince Edward Island)by a joint venture called Atlantic Canada Offshore Developments(ACOD).ACOD continues to seek development of the

301、 first offshore wind farm in Canada and is engaged with the Canadian government throughout the proposed regulatory amendments to advance this goal.Another project,Nova East Wind,is aiming to be Canadas first offshore wind project.Nova East Wind is a proposed 300 to 400 MW floating offshore wind proj

302、ect located 20-30 km off of Goldboro,Nova Scotia.Subject to regulatory approval,it is planned to be operational by 2030.32 Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review2.What challenges are faced by the FLOW industry in developing FLOW projects in Canada(e.g.societal oppo

303、sition,meteorological,procurement,grid connections,access to deepwater ports and port logistics etc.)?FLOW is largely undiscussed due to the lack of development in offshore wind generally,with any discussion occurring in the context of OREs more broadly,and offshore wind in general.The offshore wind

304、 projects previously proposed in Ontario and British Columbia were met with societal opposition.However,these areas are more densely populated than Atlantic Canada.This challenge will still be present in Atlantic Canada,particularly with respect to mitigation of risks to fisheries,protection of aqua

305、tic species and species at risk,acknowledgement of indigenous communities and rights,and protection of ecologically sensitive areas and habitats.Canada has many ecologically significant areas and the relevant legislation and administration of ecological protection laws is stringent.Achieving regulat

306、ory approval for energy projects in Canada can be a lengthy and arduous process.The goal of the regional assessments under the IAA conducted by the federal government is to provide a full understanding of potential and cumulative effects of ORE development in the areas,while aiming to provide a leve

307、l of regulatory certainty and expediency.The complex geological and bathymetric conditions in Atlantic Canada present various challenges.Canadas offshore waters are extremely deep and regions with analogous characteristics have had limited ORE project development.This depth may not be compatible wit

308、h existing project types and associated infrastructure.The deep waters of Atlantic Canadas region may be more suitable to the anchoring of floating foundation turbines than other existing foundations.Installations further from shore increase cost,but are associated with the important benefits of pro

309、viding higher,consistent wind speeds,avoiding marine activity and facing less societal opposition than installations closer to shore.29.Peter Nicholson,Catching the Wind:How Atlantic Canada Can Become an Energy Superpower(Public Policy Forum,October 2023)accessed 11 December 2023.Cold climates repre

310、sent a technical challenge to offshore wind in Canada,particularly in Atlantic Canada.Canadas climate is colder than many other countries with existing ORE projects.Other climatic considerations include parts of Atlantic Canada being prone to hurricanes,the accumulation of sea and atmospheric ice in

311、 the area and parts of Atlantic Canada containing some of the highest tides in the world,which will particularly pose an issue with respect to any potential floating ORE projects.Further,while there is significant demand and potential for offshore wind energy in Atlantic Canada,harnessing this energ

312、y will require a major increase in transmission capacity to connect these projects to Quebec and the other Canadian provinces.29 3.Is there a World Bank Offshore Wind Roadmap for Canada or any announced plans by the government of Canada such as targets for installed FLOW capacity by certain dates?Ot

313、her than set out above,what does it suggest and has any of it been adopted?While the Canadian government has included offshore wind development as part of its 2023-2025 Forward Regulatory Plan,via the Offshore Renewable Energy Regulations initiative,at this time the federal government has not announ

314、ced any plans or capacity targets with respect to ORE.The provincial government of Nova Scotia has set a target to auction off leases for 5GW of offshore wind energy by 2030 via a competitive bidding process.This strategy is part of a larger energy transition plan in the province to use ORE projects

315、 to produce green hydrogen for use and export.At this time,no other Canadian provinces have committed to any capacity goals.There is significant untapped potential for ORE projects in Canada,but no significant action has been taken with respect to assigning or committing to capacity.Regulatory asses

316、sment and clarification is required in order to move forward with such projects in Canada.Floating Offshore Wind New Breakout Markets:a Legal and Regulatory Review 334.Outline broadly the legal/statutory/regulatory regime and organisational framework for the development of FLOW in Canada.Offshore wi

317、nd is federally regulated by the CER,the Canadian Energy Regulator Act.The Offshore Renewable Energy Regulations are currently under development by NRCan.Consultation on proposed Technical Requirements of the Offshore Renewable Energy Regulations has been completed and pre-publication of the regulat

318、ions is expected in autumn 2023.30 These regulations will provide safety and environmental protection requirements for ORE projects and power lines in Canadas offshore areas.These projects will also be subject to the existing federal environmental protection acts,such as the Canada Environmental Pro

319、tection Act and Species at Risk Act,and must obtain associated authorisations.Any ORE projects will need to undergo EIA under the IAA.The legal,statutory and regulatory regime for the development of offshore wind also varies by province and territory.For Nova Scotia and Newfoundland,the Canada-Nova

320、Scotia and Canada-Newfoundland Offshore Petroleum Resources Accord Implementation Acts will be amended in order for the Canada-Nova Scotia and Canada-Newfoundland Energy Regulators to regulate ORE projects and grant leases or licences to develop them.No other provinces or territories in Canada have

321、engaged in such joint-management agreements to date.Other provinces may follow suit with respect to joint management.ORE projects will have to abide by the provincial and territorial regulatory,land use and environmental protection acts which also vary by province and territory.For example,in Nova S

322、cotia,the regulatory regime for marine renewable energy projects is set out in the Marine Renewable Energy Act which governs areas of Marine Renewable Energy Priority,Marine Renewable Electricity Areas,licensing,etc.In addition,provincial environmental protection acts must be followed,such as the No

323、va Scotia Environment Act.30.Offshore Renewable Energy Regulations Proposed Technical Requirements(Natural Resources Canada,undated)accessed 11 December 2023.Agreements and licences for electricity generation and supply with the applicable provinces electricity regulator will also be required.For ex

324、ample,in Nova Scotia,the Electricity Act requires licences for generation and supply of electricity from the Nova Scotia Utility and Review Board,and there must be consideration of potential public utility obligations under the Public Utilities Act.a.Are the granting of operational licences or seabe

325、d leases subject to a competitive tender process or direct negotiation?In Nova Scotia,leases for offshore wind development will be granted through a competitive bid process jointly managed by the provincial and federal governments,with the first call for bids scheduled to be issued in 2025.After rea

326、ching the 5GW target in Nova Scotia,calls for bids will be based on market opportunities.Other provincial strategies may vary.For example,in British Columbia,rights to allocate land for ocean energy power projects may be allocated by the Ministry of Forests,Lands,Natural Resource Operations and Rura

327、l Development on a first come,first served basis,through a planned disposition process,or using a competitive bid process.b.Is there a specific legal/regulatory regime for FLOW projects in Canada,as opposed to broader offshore wind or renewables projects ingeneral?To date,any existing legal and regu

328、latory regime for offshore wind projects are general and not specific to FLOW.c.Are there any designated areas of the territorial sea or exclusive economic zone of Canada intended to enable fast-track development of floating wind projects and technologies?No.34 Floating Offshore Wind New Breakout Ma

329、rkets:a Legal and Regulatory Reviewd.Are there any specific legal or regulatory regimes relating to access to ports and permitted activities within ports such as construction and assembly activities required for FLOW projects(e.g.restrictions on foreignownership)?Yes.However,it will vary depending o

330、n the location and type of port.Canada has more than 550 port facilities,17 of which are federally regulated by Transport Canada and Canadian Port Authorities pursuant to the Canada Marine Act.Canadas public ports may be owned by Transport Canada or by non-federal entities.There are also a number of

331、 non-federal ports in Canada,for which Transport Canadas role is limited to a regulatory and compliance monitoring role.Any analysis of the legal or regulatory regime will depend on the location and type of port(e.g.public,private,federally regulated)being accessed.In Nova Scotia,an agreement for Ca

332、nadas first offshore wind port has been signed in 2023 between a Danish shipping company and a Canadian transportation,logistics and green energy development company,establishing them jointly as the exclusive marshalling port operator in order to carry out offshore wind development and operation pla

333、nning of offshore wind port design,including marshalling,pre-assembly,logistics and safety.5.Which government authorities/public bodies are responsible for the regulation of FLOW inCanada?Federally,the CER is responsible for regulation of offshore wind projects in Canada.As discussed above,depending on the province or territory,the provincial government may also serve a role in regulation of offsh