August 2024
Taiwan’s Ministry of Environment Has Established the “Guidelines for Preliminary Review of Environmental Impact Assessment of Offshore Wind Power Generating System Development”
August 2024
Grace Chou and Vincent Kuo
In accordance with the Environmental Impact Assessment Act and the Standards for Determining Specific Items and Scope of Environmental Impact Assessments for Development Activities, developers planning to undertake offshore wind power generating system (“Offshore Wind Power”) development are required to conduct an environmental impact assessment. On March 28, 2024, Taiwan’s Ministry of Environment (“MOE”) announced the “Guidelines for Preliminary Review of Environmental Impact Assessment of Offshore Wind Power Generating Development” (“the Guidelines”). The Guidelines divide the preliminary review of environmental impact assessment of the offshore wind power development into two phases (“Phase 1” and “Phase 2”), which change the previous "environmental impact assessment first, then supplier selection" model for offshore wind power zonal development. This article provides an overview of the preliminary review process and its implications for environmental impact assessments of Offshore Wind Power development after the announcement of the Guidelines.
1. In Phase 1, the MOE conducts a document review based on items listed in the “Environmental Impact Assessment Review Checklist for Offshore Wind Power Generating System Development” (“the Checklist”) which is developed from past environmental impact assessment experience and relevant regulatory requirements. The Checklist includes items such as the foundation installation for wind turbines and offshore substations, sea cable route planning, land-based facility construction, cetacean conservation (marine ecological monitoring), bird conservation, environmental monitoring plans (before construction, during construction, and during operation), fisheries economics, decommissioning plans, construction safety and emergency response plans. The aim of Phase 1 is to ensure that the development project meets basic environmental protection requirements. After the development project receives Phase 1 approval, it will be eligible for selection by the Ministry of Economic Affairs (“MOEA”). The MOE will send the Phase 1 approval letter containing its conclusions, which is valid for 2 years, to the developer, and an extension of 1 year may be applied for from the MOE if necessary. The MOE will adjust the contents of the Checklist as needed based on subsequent actual review conditions and requirements.
2. For development projects that successfully secure power capacity allocation from the MOEA, the developer must submit the following documents to the MOE within the validity period of the Phase 1 approval letter: (1) proof of power capacity allocation from the MOEA, (2) Phase 1 approval letter, and (3) documents such as the Environmental Impact Statement or a draft of the Environmental Impact Assessment Report to proceed with Phase 2 for substantive reviews. It is important to note that offshore wind power developers will revise their environmental impact assessment documents based on the power capacity allocated by the MOEA during Phase 2, potentially leading to changes in the actual development scope. Therefore, the Guidelines specifically stipulate that if the development conditions are exceptional, the result of the Checklist from Phase 1 may be further adjusted after Phase 2 approval.
Additionally, the Guidelines also apply to the Offshore Wind Power development projects that have been undergoing preliminary review of environmental impact assessment before the announcement of the Guidelines. The developers must submit the Checklist to proceed with Phase 1.
Before the announcement of the Guidelines, Offshore Wind Power development projects had to undergo a preliminary review to qualify for selection by the MOEA. This led to the MOE conducting substantive reviews for many projects that did not ultimately receive power capacity allocation, thus wasting substantial administrative resources. After the announcement of the Guidelines, only projects that secure power capacity allocation from the MOEA need to undergo substantive reviews in Phase 2, enabling developers and the MOE to potentially reduce administrative costs.
The contents of all materials (Content) available on the website belong to and remain with Lee, Tsai & Partners. All rights are reserved by Lee, Tsai & Partners, and the Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior permission of Lee, Tsai & Partners.
The Content is for informational purposes only and is not offered as legal or professional advice on any particular issue or case. The Content may not reflect the most current legal and regulatory developments. Lee, Tsai & Partners and the editors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The contributing authors' opinions do not represent the position of Lee, Tsai & Partners. If the reader has any suggestions or questions, please do not hesitate to contact Lee, Tsai & Partners.
Grace Chou and Vincent Kuo
In accordance with the Environmental Impact Assessment Act and the Standards for Determining Specific Items and Scope of Environmental Impact Assessments for Development Activities, developers planning to undertake offshore wind power generating system (“Offshore Wind Power”) development are required to conduct an environmental impact assessment. On March 28, 2024, Taiwan’s Ministry of Environment (“MOE”) announced the “Guidelines for Preliminary Review of Environmental Impact Assessment of Offshore Wind Power Generating Development” (“the Guidelines”). The Guidelines divide the preliminary review of environmental impact assessment of the offshore wind power development into two phases (“Phase 1” and “Phase 2”), which change the previous "environmental impact assessment first, then supplier selection" model for offshore wind power zonal development. This article provides an overview of the preliminary review process and its implications for environmental impact assessments of Offshore Wind Power development after the announcement of the Guidelines.
1. In Phase 1, the MOE conducts a document review based on items listed in the “Environmental Impact Assessment Review Checklist for Offshore Wind Power Generating System Development” (“the Checklist”) which is developed from past environmental impact assessment experience and relevant regulatory requirements. The Checklist includes items such as the foundation installation for wind turbines and offshore substations, sea cable route planning, land-based facility construction, cetacean conservation (marine ecological monitoring), bird conservation, environmental monitoring plans (before construction, during construction, and during operation), fisheries economics, decommissioning plans, construction safety and emergency response plans. The aim of Phase 1 is to ensure that the development project meets basic environmental protection requirements. After the development project receives Phase 1 approval, it will be eligible for selection by the Ministry of Economic Affairs (“MOEA”). The MOE will send the Phase 1 approval letter containing its conclusions, which is valid for 2 years, to the developer, and an extension of 1 year may be applied for from the MOE if necessary. The MOE will adjust the contents of the Checklist as needed based on subsequent actual review conditions and requirements.
2. For development projects that successfully secure power capacity allocation from the MOEA, the developer must submit the following documents to the MOE within the validity period of the Phase 1 approval letter: (1) proof of power capacity allocation from the MOEA, (2) Phase 1 approval letter, and (3) documents such as the Environmental Impact Statement or a draft of the Environmental Impact Assessment Report to proceed with Phase 2 for substantive reviews. It is important to note that offshore wind power developers will revise their environmental impact assessment documents based on the power capacity allocated by the MOEA during Phase 2, potentially leading to changes in the actual development scope. Therefore, the Guidelines specifically stipulate that if the development conditions are exceptional, the result of the Checklist from Phase 1 may be further adjusted after Phase 2 approval.
Additionally, the Guidelines also apply to the Offshore Wind Power development projects that have been undergoing preliminary review of environmental impact assessment before the announcement of the Guidelines. The developers must submit the Checklist to proceed with Phase 1.
Before the announcement of the Guidelines, Offshore Wind Power development projects had to undergo a preliminary review to qualify for selection by the MOEA. This led to the MOE conducting substantive reviews for many projects that did not ultimately receive power capacity allocation, thus wasting substantial administrative resources. After the announcement of the Guidelines, only projects that secure power capacity allocation from the MOEA need to undergo substantive reviews in Phase 2, enabling developers and the MOE to potentially reduce administrative costs.
The contents of all materials (Content) available on the website belong to and remain with Lee, Tsai & Partners. All rights are reserved by Lee, Tsai & Partners, and the Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior permission of Lee, Tsai & Partners.
The Content is for informational purposes only and is not offered as legal or professional advice on any particular issue or case. The Content may not reflect the most current legal and regulatory developments. Lee, Tsai & Partners and the editors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The contributing authors' opinions do not represent the position of Lee, Tsai & Partners. If the reader has any suggestions or questions, please do not hesitate to contact Lee, Tsai & Partners.
