Poland: Amendments to maritime areas regulations support offshore wind farm projects

The draft act proposes that an investment permit may be issued for a period covering the implementation and use of a project, but for no longer than 30 years. With such a permit, an investor will be able to apply for a building permit covering a relevant offshore project. However, the ministry can revoke an investment permit if: (i) the investor does not obtain a building permit within five years of the date on which the investment permit is issued for reasons attributable to the investor; or (ii) the operation of the project does not commence within eight years of the permit issue date. This amendment aims to prevent investors from holding suitable locations without actually implementing a project.

Additionally, the authority which issued the investment permit can revoke it if the implementation or exploitation of the project is inconsistent with the permit's terms.

Under the draft act, an investment permit may be extended for an additional 20 years (in the case of projects executed fully in line with the permit). Such extension would provide for the continued operation of an offshore project.