2024.04.25
【Article】Amendment of Port and Harbor Act – Focusing on Trends in Offshore Wind-power Generation Business
2020.01.25 ナレッジ
3. Introduction of a system for designating base port where offshore renewable energy power generation facility is to be located (a “Base Port and Harbor”) (Article 2-4 of the Amended Port and Harbor Act)
(1) Background to introduction of Base Port and Harbor designation system
Installation and maintenance of offshore wind-power generation facilities requires a port and harbor with a wharf that features (i) a high load-bearing capacity, and (ii) a large-scale loading area, that can store and assemble lengthy equipment.
However, there is not currently any port and harbor in Japan that meets such requirements, and there are expected to be only a limited number thereof in the future. Thus, it is expected that usage adjustment will be required for multiple power generation operators wishing to enter into the offshore wind-power generation business.
In addition, although it is required to ensure the long-term use of a wharf to support an offshore wind-power generation business, considering terms needed for not only construction and installation but maintenance and management for offshore wind-power generation facilities, the Port and Harbor Act did not have a system for long-term lease.
Accordingly, the Amendment sets forth exceptional measures to allow offshore wind business operators to lease wharves inside a Base Port and Harbor through the government specifying a location as a Base Port and Harbor. Such lease system will make it possible to balance the use of the wharf by multiple power business operators. Further, by taking such measures, it will make it easier for offshore wind-power operators to improve their business prospects and this is expected to contribute to an even smoother introduction of such business (answer provided by a government witness, Mr. Takada, in response to an inquiry during the committee meeting in the House of Representatives (November 13, 2019)).
(2) Outline of Base Port and Harbor designation system
The requirements for a port to be designated as a Base Port and Harbor are items (i) and (ii) below (Article 2-4, Section 1 of the Amended Port and Harbor Act):
(i) The port and harbor must have an Offshore Energy Handling Wharf; and
(ii) Such port and harbor must be of importance in favor of promoting the smooth implementation of offshore wind-power business.
In addition, according to the question and answer session at the inquiry during the 200th Diet, designation as a Base Port shall be made by giving sufficient consideration to the requirements for the soil strength and size of the wharf, the study status toward the designation as a promotional area under the Offshore Renewable Energy Usage Act, and the intentions of the local people (answer provided by a government witness, Mr. Takada, in response to an inquiry during the committee meeting in the House of Representatives (November 13, 2019)).
