【Article】Amendment of Port and Harbor Act – Focusing on Trends in Offshore Wind-power Generation Business

2020.01.25 ナレッジ

ナレッジパートナー:越元 瑞樹


5. Extension of the certified period for the occupation plan proposed through the public bidding process in port and harbor areas (Article 37-3, Paragraph 4 of the Amended Port and Harbor Act)

As described in section 2. above, the Previous Amendment introduced a new system which permits offshore wind-power operators to occupy a certain sea area inside the port and harbor areas through public bidding process. This was conducted based on the guidelines for public occupation formulated by the port administrator, by inviting public occupation plans from business operators, selecting the most appropriate business operator which submits such plan, certifying the plans and permitting the long-term use. This system stipulates clear and unified rules which makes the long-term occupation of port areas available and further removes the ambiguity of business selection procedure and makes coordination with local fishery-related parties possible. On the other hand, the validity of the certified period for the occupation plan proposed through the public bidding process in port and harbor areas was only 20 years; however, as described in Section 2. (2) above, it had been desirable to make this into a longer term.

In response to this issue, the validity of the certified period for the occupation plan proposed through the public bidding process in port and harbor areas is to be extended to 30 years, in line with the introduction of the Base Port and Harbor system under the Amended. This will be conducted in conjunction with paying attention to consistency with developments and use, and to the conservation of port and harbor areas. Doing so will contribute to the promotion of offshore wind projects in port and harbor areas.

6. Conclusion

The Amended was published in the Official Gazette and promulgated on December 6, 2019. It is due to come into force on a date within four (4) months from such date of publication (Article 1 of the Supplementary Provisions of the Amended Port and Harbor Act); except for the extension from 20 to 30 years for the certified period of the occupation plan proposed through the public bidding process in port and harbor areas, which is immediately effective as of promulgated date (see the proviso to Article 1 of the Supplementary Provisions of the Amended Port and Harbor Act).

This revision, in addition to the comparatively developed offshore wind-power generation project in port and harbor areas, is intended to promote the currently progressing introduction of offshore wind projects in general sea areas. The Amendment is desirable in terms of contributing to the promotion of offshore wind-power generation business. In addition, it is noteworthy that such amendments will bring about an actual impact on the current practice surrounding offshore wind-power projects.

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*Eye catch Photo by Grahame Jenkins on Unsplash

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