Answer ... (a) What environmental regulations or requirements must renewables generators in your jurisdiction observe on an ongoing basis (from pre-development to decommissioning)?
The main environmental regulation for renewable energy developers is the Environmental Impact Assessment Act. During an environmental impact assessment under the act, the impact of the contemplated project on the following will be considered:
- air (weather, atmosphere, odour, greenhouse gas);
- waters (water quality, marine environment);
- land (use of land, soil, geography, geology);
- ecology (fauna and flora, natural environment);
- living environment (noise, vibration, entertainment, landscape, sanitation, public health, radio interference, interference with sunlight); and
- society and economy (demography, habitation, industry).
Renewable developers must implement actions agreed on as a result of the environmental impact assessment. The Ministry of Environment or a relevant authority will manage and monitor the agreed actions and may issue corrective orders.
(b) What are the potential consequences of breach of these requirements – both for the renewables generator and for its directors, managers and employees?
If a renewable energy developer fails to obtain an environmental impact assessment where this is required under the Environmental Impact Assessment Act, it will be unable to carry out the project, as any approval or disposition that has been granted to the project will be automatically null and void. The developer may also be subject to administrative fines.
Developers that conduct an environmental impact assessment but that fail to implement all actions agreed with the Ministry of Environment may be subject to an order by the relevant authority to:
- make corrective measures;
- suspend construction; or
- restore the site.
If an order to suspend construction or restore the site is issued, the project itself may not be feasible.
At the generation stage, after completion of the development of the power plant, issues typically arise in relation to compliance with emission or processing standards under relevant environmental laws (eg, the Clean Air Conservation Act, the Water Environment Conservation Act, the Soil Environment Conservation Act and the Waste Control Act).
(c) Which national and regional regulatory bodies are responsible for the enforcement of environmental obligations, and what is their general approach in regulating the renewables industry?
The central regulatory body in charge of the enforcement of environmental obligations is the Ministry of Environment. Underlying agencies such as the river basin environmental offices (Han River, Nakdong River, Geum River and Yeongsan River) and the regional environmental offices (Wonju, Daegu, Jeonbuk and Capital Area atmosphere offices) separately manage their respective areas.
If a project contemplated by a renewable energy developer is subject to an environmental impact assessment, the parties usually consider this to be an obligation in order to deal with any environmental issues in advance.