Approval and Licensing Procedures for the Development and Construction of Photovoltaic Power Projects

2022-04-13


In recent years, as global environmental, climate, and energy crises have grown increasingly severe, China has formally set the goals of peaking carbon dioxide emissions and achieving carbon neutrality, and has formulated corresponding action plans for photovoltaic projects. Against this backdrop, the power sector is poised to undergo a revolutionary transformation, with the installed capacity of coal-fired power projects gradually and substantially reduced. Conversely, clean-energy generation projects such as wind power and photovoltaics will enter a new period of rapid development. Below, we will examine Photovoltaic Engineering This document outlines the key approval permits and procedures required for the development and construction of power-generation projects, serving as a reference for photovoltaic project developers.

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  1. Filing of Photovoltaic Power Generation Projects: According to relevant documents, effective August 29, 2013, China’s approval system for photovoltaic projects was changed from an approval-based system to a filing-based system. Photovoltaic power plant projects are subject to filing by the provincial energy authorities in accordance with the State’s regulations on investment project management. Such filed projects must comply with the National Solar Power Development Plan, as well as the annual indicative capacity targets and annual implementation plans issued by the national energy authority for the respective region, and all grid-connection requirements must have been fulfilled.


  2. Project scale targets for photovoltaic projects: In accordance with relevant standards and the annual indicative scale targets allocated by the national energy authorities to each region, the upper limit for newly filed projects in the current year shall be determined by deducting the scale of carryover projects from the previous year that have completed the requisite procedures but have not yet commenced operation. The allocation of photovoltaic project scale targets shall be conducted on a competitive basis, taking into account factors such as the investing entity, basic project information, grid-connected electricity prices, construction progress, and implementation and grid connection. Photovoltaic projects that have obtained filing documents but have not been assigned a project scale target shall not be included in the subsidy catalog of the Renewable Energy Fund and therefore will be ineligible for subsidies.


  3. Approval procedures for the overlay of photovoltaic projects: According to regulations, the project developer shall ascertain and verify whether a separately sited construction project is located in a geohazard-prone area or overlaps with important mineral resources. If the project is located in a geohazard-prone area or overlaps with important mineral resources, the developer shall, in accordance with relevant laws and regulations, complete a geological hazard risk assessment and register the overlaid mineral resources after obtaining preliminary land-use review approval.


4. Pre-approval of Land Use for Photovoltaic Projects: After a photovoltaic project has been filed, the project developer must apply for pre-approval of land use, during which the competent department of natural resources shall review the land-use matters related to the project. The project developer applying for such pre-approval shall submit the following documents: (1) the Application Form for Pre-Approval of Land Use for Construction Projects; (2) the Application Report for Pre-Approval of Land Use, which shall include information on the basic details of the proposed project, the proposed site and its land occupation, whether the proposed land use complies with the overall land-use plan, whether the area of the proposed land use meets the relevant land-use standards, and whether the proposed land use is consistent with the land-supply policies; and (3) for projects whose project proposals have been approved, the document approving the project proposal; for projects that are directly approved on the basis of a feasibility study report or require approval, the document demonstrating that the project has been incorporated into the relevant planning or industrial policies.


      Photovoltaic Engineering After the project has been filed and state-owned land-use rights have been obtained through assignment or allocation, a Construction Land Planning Permit must be obtained; this permit is also a prerequisite for subsequently obtaining the Construction Project Planning Permit, the Construction Permit, and the Real Estate Ownership Certificate for the photovoltaic project.