News
29. March 2023
HFK Update: Acceleration of approval procedures for wind turbines, PV open-air installations and power grids
The Act on the Implementation of the EU Emergency Regulation (Regulation EU 2022/2577), which aims to further accelerate the procedures for the development of renewable energy and electricity networks for a certain period of time entered into force with its promulgation in the Federal Law Gazette (BGBl. I 2023, No 88 of 28.03.2023).
The new rules apply to all permit procedures for wind turbines on land and at sea, PV open-air installations and power grids with a power output of 110 kV in designated renewable energy and grid areas starting before 30 June 2024.
Accordingly, in approval procedures for wind turbines in designated wind suitability areas, the obligation to conduct an environmental impact assessment and species protection assessment does not apply if these areas have already previously undergone a strategic environmental assessment. However, in order to ensure species protection, proportionate avoidance and mitigation measures must be carried out on the basis of existing data, and financial compensation must be provided in the form of payments into a species assistance program. The annual compensation payments to be made amount to EUR 450 per megawatt of installed capacity, provided that protection measures for birds are ordered that either involve the curtailment of wind turbines or whose investment costs are higher than EUR 17,000 per megawatt; in all other cases, the compensation payments amount to EUR 3,000/megawatt as an annual amount to be paid.
In order to ensure the protection of species, proportionate prevention and mitigation measures shall be implemented on the basis of existing data or, where appropriate, financial compensation shall be provided for in a programme of aid for species. For repowering measures the EIA is also limited to an audit of the additional burden on the new WEA compared to the existing WEA.
The EIA is eliminated for PV open space installations in such designated areas, whereas the biodiversity assessment must continue.
For electricity grids, too, no environmental impact assessment and species protection assessment is to be carried out if the project is to be implemented in an area designated by a completed federal specialist planning or determined as a preferential area in accordance with § 12c para. 2a EnWG.
Due to the procedural acceleration associated with these temporary regulations, we therefore recommend examining whether approval procedures for planned renewable energy or pipeline projects should be initiated in the next 15 months and whether these special regulations should be utilized.
If you have any questions regarding the approval of your project, please do not hesitate to contact us.
Attorney Dr. Thorsten Behle, Environmental Consultant (WBSU), HFK Hamburg (Behle@hfk.de)
Attorney Clausen, Specialist in Administrative Law, HFK Hamburg (clausen@hfk.de)