The Legal Working Committee of CBCGDF submitted the revision proposal of the Guiding Opinions on Promoting the Three-dimensional Right Confirmation of Photovoltaic Power Generation in sea Areas (Draft for Comments)
2022/1/7 16:02:00 本站

Recently, Shandong Provincial Oceanic Bureau solicited public opinions on the Guidance on Promoting the Three-dimensional Confirmation of rights for the use of photovoltaic power generation sea areas (Draft). The Legal Working Committee of China Biodiversity Conservation and Green Development Foundation attached great importance to it and proposed the following three suggestions for revision after careful study.


1. "Requirements for site Selection by sea" should strengthen the conservation of three typical Marine ecosystems: mangrove, coral reef and seagrass bed.


Photovoltaic power generation project using sea area is generally larger, once the operation on the environment persistent effect should not be ignored, suggested on the basis of the existing location requirements with the sea, the strengthening of mangroves and coral reefs, sea grass bed three typical Marine ecosystem protection, in order to provide important habitats for the offshore creatures, reproduction and refuge.


It is suggested to amend the "Requirements on site selection using sea" as follows: The site selection using sea for photovoltaic power generation projects should comply with the zoning and use control requirements of territorial space planning, and construction is prohibited in the red line zone for ecological protection, the distribution area of important Marine ecosystems such as mangrove, coral reef and seagrass bed, as well as in the sea areas clearly prohibited by laws, regulations and planning. Cities are encouraged to explore and utilize the authorized sea areas for breeding and salt fields in light of local conditions, and scientifically arrange photovoltaic power generation projects.


Second, we should attach great importance to biodiversity survey and assessment and strengthen environmental impact assessment.



The related departments of China has made clear on further strengthening the views of the biodiversity conservation, clear requirements" to carry out large-scale project construction and resources development and utilization of biodiversity impact assessment ", "biodiversity conservation efforts as party and government leading bodies and leading cadres comprehensive evaluation and the important reference of responsibility, outgoing audit, It also proposes to "establish and improve the mechanism of biodiversity public interest litigation and strengthen the judicial guarantee of public participation in biodiversity protection". Therefore, on the one hand, it is necessary to strengthen the planning eia work, attach great importance to biodiversity survey and evaluation, and do a good job of zoning planning from the macro aspect. On the other hand, it is necessary to fully evaluate the impact of photovoltaic power generation construction projects on the biodiversity of the proposed sea area to minimize the adverse impact.



It is suggested to amend the first paragraph of "Requirements for Approval of Three-dimensional Comprehensive Use of Sea" to read: "Photovoltaic power generation projects should go through approval procedures for use of sea areas in accordance with laws and regulations, carry out biodiversity investigation and evaluation, strengthen environmental impact assessment of planning and construction projects, and the approval authority should be determined according to the way and area of sea use of projects."


Third, promote information openness and public participation, and facilitate the supervision and management of sea use.



The related office of China, in March, 2020 by The related Office issued "about building the guidance of modern environmental management system", put forward "building of the party committee leadership, government leading, enterprise main body, social organizations and the public participation in the modern environmental management system", "the development of the whole society to promote environmental governance together well pattern". The construction of photovoltaic power generation projects is a concrete practice to implement the requirements of the central carbon peak carbon neutrality strategy deployment. It should emphasize the role of modern governance system, strengthen the information disclosure mechanism, and timely respond to the public and social concerns, which is also the basis for assisting government departments to do a good job in the supervision and management of sea use.



It is suggested that a new provision should be added to "Vi. Supervision and Management of Project Use of the Sea", namely: Marine law enforcement departments at all levels should strengthen the publicity of information on the use of the sea for PHOTOVOLTAIC power generation projects, and encourage the public and professional social organizations to participate in environmental supervision according to law.


The Legal Working Committee of CBCGDF will continue to follow up the revision process of the Draft and actively provide support and assistance.


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