The Ministry of External Affairs (MEA) on Monday notified rules for leasing the sea bed for offshore wind power projects with the lease being valid for 3 years for resource measurement, which can be further extended by an additional period for two years.

For the construction and operation of offshore wind energy farms, the lease period will be for 35 years, which can be extended further on a case-to-case basis.

The notification, published in the official gazette on Tuesday, mandates that no person or entity shall install offshore wind energy projects or offshore transmission projects, except under a Lease granted under these rules.

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On matters related to wind energy, the Centre will utilise services of the National Institute of Wind Energy (NIWE), an autonomous R&D institution established by the Ministry of New and Renewable Energy (MNRE) in 1999.

Lease terms

The Centre can lease out the offshore area within Exclusive Economic Zone (EEZ) for offshore wind energy project and offshore wind transmission project with the area for the lease to be identified by the centre based on wind resource assessment followed by marine spatial planning, the notification said.

The selection process of the lessee will be governed by the National Offshore Wind Energy Policy. Before granting the lease, the clearances will have to be obtained from the Ministry of Defence, Ministry of Home Affairs, Ministry of External Affairs, Ministry of Environment, Forest and Climate Change, Department of Space and Ministry of Ports, Shipping and Waterways.

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On rights of the lessee in the lease area, the notification said that every lessee shall have the exclusive right to carry out activities related to offshore wind energy and offshore wind transmission including studies and surveys, for fulfilling obligations.

Besides, the right to use waterways for required work related to offshore wind or offshore transmission or both, as the case may be.

The lessee will also have the right to restrict the navigation of boats, ferries and ships obstructing the operation of the project site.

“Provided that activities such as fishing for the purpose of livelihood and other activities that may coexist with the offshore wind energy farm in the interest of the common public shall be permissible, if they do not affect the normal working of the offshore wind energy farm,” it added.

Project timelines

The area covered by the lease shall be specified and shall be valid for three years for resource measurement and related study or survey activities, further extendable for adequate reasons by an additional two years.

Post expiry of the five years period, the lease shall expire and all clearances to the lessee shall be withdrawn and the lessee shall have to deposit the study or survey data to NIWE, unless the lessee has started work to set up wind energy capacity as per the terms.

The area covered under a lease shall ordinarily be 25 sq km to 500 sq km and the same may vary depending on the size of the project, the notification said.

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