Maritime Facilities Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on installations seaward of the boundary of the German territorial sea |
| Short title: | Maritime Facilities Ordinance |
| Abbreviation: | SeeAnlV |
| Type: | Federal ordinance, mat. Federal law |
| Scope: | Exclusive economic zone of the Federal Republic of Germany and the High Seas for Germans residing within the scope of the Basic Law |
| Legal matter: | Special administrative law , law of the sea |
| References : | 9510-1-17 |
| Issued on: | 23 January 1997 ( Federal Law Gazette I p. 57 ) |
| Entry into force on: | February 1, 1997 |
| Expiry: | January 1, 2017 Art. 25 G of October 13, 2016 ( Federal Law Gazette I p. 2258, 2357 ) |
| GESTA : | E038 |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The Seeanlagenverordnung (SeeAnlV) was a German legal ordinance that regulated the approval of buildings and systems in the area of the exclusive economic zone (EEZ) of the Federal Republic of Germany . 2017, the Regulation was amended by the Seeanlagengesetz replaced (SeeAnlG).
The regulations mostly concerned buildings and facilities
- Generation of energy from water, currents and wind,
- the transmission of energy from water, currents and wind,
- other economic purposes or
- marine surveys
They also applied for buildings and installations on the high seas unless the owner German with residence in the scope of the Basic Law is. The most important area of application was the construction of offshore wind farms , of which the federal government wanted plants with a capacity of 25 gigawatts to be built by 2030.
Legal basis
The legal basis was the United Nations Convention on the Law of the Sea of December 10, 1982 and the laws on the tasks of the federal government in the field of maritime shipping (Sea Tasks Act ) ( Section 9 Paragraph 1 Sentence 1 No. 4a, Paragraph 2 Sentence 1 No. 1 in conjunction with § 1 No. 10a SeeAufgG).
Essential importance
The Seeanlagenverordnung regulates the licensing procedure and the licensing requirements mainly for wind turbines . In particular, it regulated the free allocation of the right to cultivate a certain sea area.
Approval requirements and reasons for failure: The approval was to be refused according to § 7 if:
- the safety and ease of traffic are impaired,
- the marine environment is endangered,
- the objectives of spatial planning are endangered or
- public or private interests oppose a permit.
The objectives of the spatial planning were essential for the approval process and were defined in the spatial plans for the German Exclusive Economic Zone, specifically for the following points: shipping, raw material extraction, pipelines and submarine cables , scientific marine research, energy generation, in particular wind energy, fisheries and marine culture as well as the marine environment.
As part of the approval procedure, a plan approval procedure had to be carried out in accordance with Section 5 , in which possible reasons for failure are examined.
Subjective right to the sea area
In the application process, the applicant acquired an exclusive right to the sea area concerned if the application met the formal requirements. Applications submitted later were put on hold until the earlier application was rejected or suspended.
The permit secured the area for the duration of the permit. This comprised either the period for which the operation of the facilities was approved or at least the deadline for the construction of the facilities, usually four years, which could be extended with a plausible argument because the marine facilities ordinance provided for an obligation to permit.
The SeeAnlV did not provide for a fee for the sea area. The applicant only had to pay the costs of the approval process. The applicant can transfer or sell the permits ( Section 15 (5)).
criticism
The inadequate steering effect of the Maritime Facilities Ordinance is criticized. The licensing authority has no influence on the areas for which applications are submitted.
As a result, the specific construction intent of the applicant is not checked. It is true that an application for a permit for the purpose of reserving space without a specific construction intention would run counter to the spatial planning objective of the use of wind energy, and would therefore be a reason for failure. In fact, the federal government is not reviewing this point. In response to a small request from the MPs - “Are there approved projects where, according to the Federal Government, there is a 'claim protection' without the intention of building development in the near future? If so, where? ”- she states:“ The Federal Government has no reliable information on this that would allow an assessment. ”
In fact, 150 million euros were paid for the sale of individual permits.
As a result, applications have been submitted for the entire area of the German Exclusive Economic Zone. Implementation is in the hands of the applicant.
Amendment 2012
The sea facilities ordinance has been changed several times. Since 2012, the approval of systems has been bundled at the Federal Maritime and Hydrographic Agency (BSH). Instead of several permits, a single plan approval procedure must now be carried out. In addition to public concerns, private concerns can now also lead to failure.
Web links
- Text of the sea facilities ordinance
- Text of the Sea Facilities Act
- Information page of the responsible Federal Maritime and Hydrographic Agency on the approval of offshore wind farms.
Individual evidence
- ↑ Lorenz Zabel: Plan approval instead of approval . In: ZfK - newspaper for local government , April 2012, p. 11
- ↑ Archived copy ( Memento of the original from October 28, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Archived copy ( Memento of the original from March 27, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Ines Kruppa: Control of offshore wind energy use against the background of the environmental goals of climate and marine environmental protection . d-nb.info/983780811/34
- ↑ [dipbt.bundestag.de/dip21/btd/17/012/1701283.pdf]
- ↑ From boom to fratricidal war . In: Einbecker Morgenpost from September 28, 2011
- ↑ Changes to the Marine Facilities Ordinance since 2006
