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The Central Authorities, within the train of powers bestowed by Part 15 of the Territorial Waters, Continental Shelf, Unique Financial Zones and Different Maritime Zones Act, 1976 (80 of 1976), has launched the Offshore Wind Power Lease Guidelines, 2023. These guidelines are aimed toward regulating the grant of leases for offshore areas for wind vitality initiatives. They’re set to be enforced from the date of their publication within the Official Gazette.
Beneath these guidelines, the time period “Offshore Wind Power Venture” refers to a complete system that features wind generators, offshore pooling substations, an array of offshore cables, and energy producing programs from renewable sources on offshore platforms. The lease for offshore areas throughout the Unique Financial Zone for such initiatives can be granted by the Central Authorities after figuring out appropriate areas based mostly on wind useful resource evaluation and marine spatial planning.
To make sure a streamlined course of, the Central Authorities might interact the companies of the Nationwide Institute of Wind Power. Nevertheless, the Lessee, the entity or particular person to whom the lease is granted, should acquire clearances from varied ministries, together with Defence, Residence Affairs, Exterior Affairs, Surroundings, Forest and Local weather Change, Division of House, and Ports, Transport, and Waterways earlier than the lease is granted.
The Lessee will agree with the Central Authorities, outlining the phrases and circumstances of the lease. The rights of the Lessee throughout the lease space embody unique rights to hold out actions associated to offshore wind vitality and transmission. In addition they have the appropriate to limit sure actions throughout the Designated Lease Areas for the development and operation of the offshore wind farm.
The Designated Lease Areas will fluctuate throughout totally different phases, reminiscent of measurement and exploration, building, and operation and upkeep. The Lessee is prohibited from partaking in actions unrelated to offshore wind energy era and subleasing any a part of the lease with out approval from the Central Authorities.
The lease interval is specified, with an preliminary three-year interval for useful resource measurement and associated research, extendable for 2 further years. After this era, the lease might be prolonged for thirty-five years for the development and operation of offshore wind vitality initiatives, topic to useful viability and security issues.
Monetary obligations embody a refundable safety deposit and a yearly lease payment, with the Lessee allowed to relinquish the lease space beneath sure circumstances. In emergencies reminiscent of pure disasters or civil unrest, the Central Authorities retains the appropriate of pre-emption for energy era from these initiatives.
The Lessee is liable for sustaining gear, infrastructure, and wind generators in good situation, complying with technical requirements, and decommissioning the challenge after the lease interval. Dispute decision mechanisms contain amicable resolutions and arbitration if obligatory, following the provisions of the Arbitration and Conciliation Act, 1996. In conclusion, the Offshore Wind Power Lease Guidelines, 2023, present a complete framework for the regulation and leasing of offshore areas for wind vitality initiatives, contributing to the nation’s renewable vitality targets.
Please view the doc beneath for extra particulars.
