Key Benefits:
Law of 24 June 2015, laying down rules on wind energy at sea (Wet wind energy at sea)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into account that the realisation of more wind energy at sea contributes to the achievement of renewable energy objectives, which take place at sea multiple activities where marine wind farms need to be accommodated, that connecting wind farms to the power grid shall be carried out at the lowest possible social cost, making it desirable to strengthen coordination of the spatial integration of wind energy at sea;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Lot: location for a wind farm;
Offering Decision: decision designating an offering and a connection for a connection connection;
Net: a network as intended Article 1, first paragraph, part i, of the 1998 Electricity Act ;
Our Minister: Our Minister for Economic Affairs;
permit: permit as specified in Article 12 ;
Wind farm: a set of provisions for the production of electricity by wind, whereby the means of a combination of provisions means any existing means that are interconnected to the production of electricity with the help of wind.
This law shall also apply in the Netherlands exclusive economic zone.
1 Our Minister can, in agreement with our Minister of Infrastructure and the Environment, take an offering decision.
2 An offering may be designated only within areas specified in the National Water Plan, Article 4.1 of the Water Act , are designated as for wind power suitable areas. The connection for the connection between the wind farm and the connection point on a net is not further designated than the low-water line, intended for the purpose of the Article 1, second paragraph , and 2, first paragraph, of the Dutch Territorial Sea Borders Act .
3 Our Minister is involved in the consideration of the decision to take an offering:
a. the fulfilment of societal functions of the sea, including the importance of an efficient use of the sea;
b. the consequences of a designation for third parties;
c. the environmental importance, including the ecological importance, subject to compliance with or under the conditions of Articles 5 , 6 and 7 ;
d. the costs of realizing a wind farm in the area;
e. the importance of an efficient connection of a wind farm to a net.
4 On the preparation of an offering decision is Section 3.4 of the General Administrative Law applicable, except that views may be brought forward by any person.
1 Our Minister commits to an offering decree rules and regulations which in any case relate to:
a. The rights and other interests of third parties with respect to the offering;
b. the conditions under which the environment is protected;
c. the conditions and restrictions under which it is ensured that the natural features of Natura 2000 sites will not be affected and, where appropriate, the requirement that the obligation to take compensatory measures as intended in Article 19h, first paragraph, of the Nature Conservation Act 1998 ;
d. the conditions and restrictions under which Our Minister provides an exemption as referred to in Article 7 Grants;
e. the importance of an efficient space use of a wind farm;
f. the time limit for which the authorisation is granted;
g. financial conditions as referred to in the Articles 10 and 28 .
2 Our Minister, in an offering decree, takes the following parts:
a description of the devices to be taken, intended to eliminate, reduce or compensate for the effects of the construction and operation of a wind farm;
b. a description of the temporary measures and the temporary arrangements to be taken for the realisation of the wind farm;
c. Indication on one or more topographical or geographical maps of the geographical scope of the lot and the location of the connection connection;
d. the results of the research on meteorological conditions, soil conditions, currents and golf altitudes, environmental soil research, archaeological research and other environmental research;
e. the period within which our Minister examines the effects of the putting into service of an offering and an indication of the environmental aspects to be examined in this respect.
3 Derogations may be made from the Land of Departure Article 6.6 of the Water Act rules relating to the use of the North Sea waterstate work by the setting of installations or cables.
4 It is prohibited to act contrary to the offering decision and the rules and regulations attached thereto.
The Articles 19d and 19kc of the Nature Conservation Act 1998 shall not apply to projects or other acts to which the Offering Decision relates. If such projects or other acts could worsen the quality of the natural habitat and the habitat of species in a Natura 2000 site as referred to in that Act, or may have a significant distorting effect on species for which the Natura 2000 site is the area has been designated, having regard to the conservation objectives for that area, Article 19j, first to third paragraphs, and fifth paragraph thereof, of that law and its Article 19kb, first paragraph, of that Act determined, mutatis mutandis, to the determination of an offering decision.
The Articles 9 and 10 of the Flora and Faunal Law shall not apply to acts to which the offering decision relates, to the extent that they concern:
a. The non-intentional killing, injuring, catching or fusing of animals belonging to protected indigenous species, as intended Article 4 of the Flora and Faunal Law ;
b. deliberate concerns of birds, belonging to species mentioned in: Article 4, first paragraph, part b, of the Flora and Fauna Law , to the extent that such disturbance does not have a material impact.
1 Our Minister may, in the Offering Decree, exempt from the provisions of the Articles 9 to 12 and 13 of the Flora and Faunal Law .
2 An exemption referred to in paragraph 1 shall be granted only if it is not affected by a favourable conservation status of the species concerned.
3 Article 75, sixth paragraph, of the Flora and Fauna Law shall apply mutatis mutandis to an exemption referred to in the first paragraph.
4 An exemption referred to in paragraph 1 may be subject to rules laid down in the Offering Order. An exemption may be granted under restrictions.
Chapter 1, Section 2, of the Crisis and Recovery Act applies mutatis mutandis to an offering decision.
1 To prevent a location, for which an offering decision is prepared, be less suitable for the realization of wind farms our Minister can, in agreement with our Minister of Infrastructure and the Environment, prepare for that location Take the preparatory decision.
2 It may be decided at the time of the preparation of the preparatory act to prohibit the following cases:
a. Work or work or work or
b. Change the use of works.
3 The preparatory act shall lapse if, within one year of the date of its entry into force, a draft offering decision has been made available for inspection.
4 It is prohibited to act in violation of a preparatory decision.
1 Costs related to the provision of activities as referred to in the Articles 3 , 4 , 5 , and 7 may be charged to the person to whom the authorisation is granted.
2 By ministerial rules, rules may be laid down on the types of costs that are to be recoverable.
3 The amounts to be reimbursed for the costs shall be determined in the offering decision.
1 Our Minister, in agreement with our Minister of Infrastructure and the Environment, may amend an offering decree or withdraw it in whole or in part if:
a. For three consecutive years after the irrevocability of an offering decision, no permit is granted for the offering;
b. if circumstances or facts arise which are no longer permissible for the act or acts for which the Offering decision is taken with a view to the entry into force of the act; Article 3 the objectives and interests referred to;
c. If a treaty or a decision of an international organisation is binding on the Netherlands, or is required to do so by an international organisation or a statutory rule thereof.
2 The Article 3, fourth paragraph , 4, first paragraph , 5 , 6 and 7 shall be applicable mutatis mutandis to an amendment to an offering decision.
3 Withdrawal of an offering decision shall not be taken to the extent that it is sufficient to amend or supplement the rules and regulations attached to the Offering Decision.
It is forbidden without a permit from our Minister to build or operate a wind farm in the Dutch territorial sea or the Dutch exclusive economic zone.
Our Minister does not grant a permit for:
a. an area located outside of an offering and the connection for the connection connection designated on the basis of Article 3, first paragraph , or
b. An offering which has already been authorised.
1 A licence may be granted only if the application is sufficient to permit the construction and operation of the wind farm:
a. is enforceable;
b. is technically feasible;
(c) is financially viable;
d. may be started within four years from the date on which the licence becomes irrevocable;
(e) is economically feasible within the period specified in the permit;
f. satisfies the offering decision.
2 By ministerial arrangement rules may be laid down regarding the assessment criteria referred to in the first paragraph.
1 In a permit, the following shall be determined:
a. for which period the licence is valid;
b. for which lot the permit applies;
(c) within which periods after the permit has become irretrievable, the activities specified in the licence shall be carried out.
2 The period referred to in paragraph 1 (a) is appropriate for the expected lifetime of a wind farm and the specific area to which the authorisation relates, but not more than 30 years.
3 Our Minister may attach conditions and regulations to a licence.
4 Our Minister may waive the first paragraph, part c. The exemption may be subject to rules and the waiver may be subject to restrictions.
5 It shall be prohibited to act in violation of the licence, its conditions and requirements, as well as the derogation provided for in paragraph 4, and the rules and restrictions attached thereto.
1 The holder of a permit may proceed to the authorization by written permission of Our Minister to another.
2 A consent may be attached to a consent and a consent may be granted under restrictions.
3 Section 4.1.3.3 of the General Administrative Law Act shall apply to an application for a decision authorising the transfer of the authorisation referred to in the first paragraph.
1 Our Minister may amend or revoke a permit, if:
(a) the particulars or documents provided for in the application appear to be incorrect or incomplete, that a different decision would have been taken on the application, if the assessment of such information had been fully known to the applicant;
b. the activities for which the licence applies are no longer carried out,
c. the subsidy on the basis of Article 3 of the framework Act, EZ-subsidies has been granted, has been withdrawn or
d. This is justified by a change in the technical or financial capability of the holder.
2 Our Minister may revoke a permit, if
a. has not been or is not acted in accordance with the offering decision,
b. is not in accordance with the permit or is being acted or
c. the rules pursuant to this law or the Water Act The activities for which the authorisation applies are not complied with.
3 Our Minister is not about withdrawing under the second paragraph, then after giving notice in writing to the holder and the situation giving rise to revocation continues to occur or recur.
4 Our Minister may amend or revoke a licence at the request of the holder.
5 The authorisation shall be cancelled by law:
a. If the holder is a natural person, starting from the day after the day on which that person died;
(b) if the holder is a legal person, starting from the day following that on which the legal person ceased to exist.
1 This Article shall apply to the holding of a licence by more than one natural person or legal person.
2 In case of application for authorisation, the persons shall be considered jointly as the applicant for the authorisation. After granting them, they are considered to be the holder of the authorisation.
3 Article 16 shall apply mutatis mutandis if one of the persons is willing to take his share of the licence to another.
4 By way of derogation from Article 17, fifth paragraph The licence shall not expire if one of the holders who is a natural person, or one of the holders who is a legal person, ceases to exist, but is subject to the authorisation by the remaining holders.
This paragraph applies if grant under a general measure of management as referred to in Article 4 (1) is applicable. Article 3 of the framework Act, EZ-subsidies may be granted.
1 Applications for authorisation shall be submitted in the period of application for grant.
2 The application complies with the requirements of Article 14 and the requirements for applying for the grant.
3 For the examination of applications for a permit, charges shall be charged to the applicant. Our Minister lays down the cost of the costs by means of a ministerial order.
1 If multiple applications meet the Articles 14 and 20 , Our Minister grants the licence to the applicant to whom grant is granted.
2 Our Minister will decide on applications simultaneously with the decision on the applications for grant.
This paragraph applies in the absence of a subsidy under a general measure of management as referred to in Article 3 (2). Article 3 of the framework Act, EZ-subsidies is granted.
1 Applications for authorisation shall be submitted within the application period laid down by Ministerial Regulation.
2 An application shall, in any event, contain:
a. Design for the wind farm;
b. a timetable for the construction and operation of the wind farm;
(c) an estimate of costs and revenues;
d. An estimate of social costs;
e. identification and analysis of risks;
f. a description of the measures to guarantee cost efficiency;
g. a list of the parties involved in the construction and operation of the wind farm;
h. a description of the knowledge and experience of the parties involved.
3 In the case of ministerial arrangements, detailed rules may be laid down on the manner in which an application is submitted and on the particulars and documents to be submitted on the application.
4 For the treatment of applications for a permit, charges are charged to the applicant. Our Minister lays down the cost of the costs by means of a ministerial order.
1 If multiple applications meet the Articles 14 and 23 , Our Minister grants the licence to the applicant whose application is highest ranked.
2 Our Secretary of State is involved in the ranking:
a. the knowledge and experience of the parties involved;
b. The quality of the design for the wind farm;
c. the capacity of the wind farm;
d. Social costs;
e. the quality of the inventory and analysis of risks;
f. the quality of the measures to guarantee cost efficiency.
3 In the case of ministerial arrangements, rules may be laid down on the weighting of the ranking criteria.
Our Minister decides on the applications within 13 weeks of the end of the application period, Article 23, first paragraph , and may extend this period once for a maximum of 13 weeks.
1 The supervision of compliance with the provisions of or pursuant to this law shall be subject to the officials designated by the Minister's decision. If the appointing authority is responsible for a Ministry other than that of our Minister, the relevant decision shall be taken in accordance with our Minister for whom it is to take effect.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
Our Minister may, in the event of violation of the provisions of, or under this law, impose a burden on the offender under administrative coercion.
1 Our Minister may provide that security shall be set for the fulfilment of what will become chargeable if he imposes a burden under administrative constraints in order to maintain the obligations imposed by or under this Law.
2 The obligation referred to in paragraph 1 shall be on the holder of the licence or, if the licence has lost its validity, on the last holder of the licence.
3 The amount and time limits for which and the times and manner of lodging for removal, or after removal demolition or reuse of non-more in-use wind farms shall be established in the form of: An offering decision and in the other cases should be the pleasure of our Minister.
1 Article 12 does not apply to wind farms for which a permit based on the date on which this law enters into force is not applicable. Law management state waterworks or on the basis of Article 6.5 of the Water Act and grant on the basis of a general measure of governance on the basis of Article 3 of the framework Act, EZ-grant or on the basis of Article 72m of the Electricity Act 1998 as that was granted by 31 December 2008.
2 A permit for a wind farm that has been granted on the basis of the Law management state waterworks or on the basis of Article 6.5 of the Water Act , expires on the date when this law enters into force if for the wind farm no subsidy on the basis of a general measure of government on the basis of Article 3 of the framework Act, EZ-subsidies was granted.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Wind wind power at sea.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 24 June 2015
William-Alexander
The Minister for Economic Affairs,
H.G.J. Kamp
The Minister for Infrastructure and the Environment,
M.H. Schultz van Haegen-Maas Geesteranus
Issued the thirtieth of June 2015The Minister for Security and Justice,
G.A. van der Steur
