On 4 September 2018, the Verkhovna Rada of Ukraine (the Ukrainian parliament) adopted in the second reading draft law No. 8015 "On the Amendment of Certain Laws of Ukraine Regarding Investment Attractiveness of the Construction of Renewable Energy Objects" (the "Draft Law").The Draft Law aims to eliminate administrative barriers during the construction of wind power plants and raise attractiveness of the wind power industry for investment.
The Draft Law contemplates that a wind power plant can be assigned the insignificant consequence class (CC1), provided there is a positive conclusion of the relevant authority in charge of environmental impact assessment (for example, the Ministry of Ecology and Natural Resources or the regional authorities of ecology and natural resources). In this event, it will be possible to commence construction works following developer's notice on the commencement of construction works served on the relevant architectural and construction control authority. Commissioning (putting into operation) of a wind power plant will be carried out upon registration by the developer of the declaration of readiness for commissioning with the relevant authorities.
Consequently, it will not be required for a wind power plant classified as CC1 to obtain a permit for performance of construction works, undertake mandatory examination (expertise) of design documentation or obtain a certificate confirming the plant commissioning from the architectural and construction control authorities, as this is currently the case with a higher сonsequence class, CC2, usually assigned to wind power plants.
The adoption of the Draft Law is expected to considerably facilitate and expedite implementation of wind power projects, and promote investment in the industry.
The Draft Law should be signed by the Chairman of the Ukrainian parliament and submitted to President of Ukraine for signature. It should take effect on the day following its official publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
