Cabinet Orders concerning the Act of Promoting Utilization of Sea Areas in Development of Power Generation Facilities Using Maritime Renewable Energy Resources Approved

1. Background

In the 197th Session of the Diet, the Act of Promoting Utilization of Sea Areas in Development of Power Generation Facilities Using Maritime Renewable Energy Resources (Act No. 89 of 2018) came into effect on November 30, 2018, and was promulgated on December 7, 2018, which provides for taking measures such as the formulation of basic policies, designating maritime areas as targets of promotion projects, creating a certification system for plans related to the licensed use of such designated maritime areas, etc., for the promotion of the utilization of specific maritime areas related to the development of power generation facilities while making efforts to harmonize with other measures related to the ocean.

The Cabinet Order for Specifying the Effective Date of the Act of Promoting Utilization of Sea Areas in Development of Power Generation Facilities Using Maritime Renewable Energy Resources (hereinafter referred to as the “Cabinet Order for Specifying the Effective Date”) is established for specifying the effective date of the Act, and at the same time the Enforcement Order for the Act of Promoting Utilization of Sea Areas in Development of Power Generation Facilities Using Maritime Renewable Energy Resources (hereinafter referred to as the “Enforcement Order”) is established in order to develop provisions necessary for its enforcement.

2. Outline

<Outline of the Cabinet Order for Specifying the Effective Date>

• The effective date of the Act is April 1, 2019.

<Outline of the Enforcement Order>

• The source of maritime renewable energy covered by the Act will be wind power in maritime areas.
• The scope where permission on licensed use, etc. becomes necessary within the designated maritime areas for the promotion of projects will be areas up to 315 meters in the sky and up to 100 meters under the seabed in the maritime area.
• Acts of limited legal capacity within the designated maritime areas for the promotion of projects, for which it is found that there is no risk of hindering the utilization or preservation of the designated maritime areas for the promotion of projects, are specified as acts implemented for the maintenance of the power generation facilities using maritime renewable energy resources.
• Acts that are likely to hinder the utilization or preservation of the designated maritime areas for the promotion of projects are as follows:
  • Excavation or earth cut from the seabed, or other acts that change the shape of the seabed
  • Disposal of wastes designated by the Minister of Land, Infrastructure, Transport and Tourism for each designated maritime area for the promotion of the development of power generation facilities using maritime renewable energy resources
• The maximum limit of the period of licensed use of the designated maritime area for the promotion of projects are as follows for each item for licensed use:
  • Licensed use by facilities with a structure that can be relocated or removed easily: 5 years
  • Licensed use by power generation facilities using maritime renewable energy resources related to the certified action plan: 30 years
  • Other licensed use: 10 years
• The provision allowing the maximum supply price specified in the certified guidelines not to be publicly notified in the case where the Minister of Economy, Trade and Industry and the Minister of Land, Infrastructure, Transport and Tourism find it necessary is not to be applied until the following date, whichever comes first:
  • The date when the procurement price and period related to power generation facilities using maritime renewable energy for the appointed business operator are publicly notified by the Minister of Economy, Trade and Industry for the first time after the Act comes into effect
  • December 6, 2020
• Other necessary provisions are developed.

3. Schedule

Cabinet meeting on: March 15, 2019 (Fri)
Promulgated on: March 20, 2019 (Wed)
Coming into effect on: April 1, 2019 (Mon)

• For further details, see the Japanese language press release.

Divisions in Charge

• New and Renewable Energy Division, Energy Efficiency and Renewable Energy Department, Agency for Natural Resources and Energy, METI
• Ocean and Environmental Policy Division, Ports and Harbours Bureau, Ministry of Land, Infrastructure, Transport and Tourism