Amendments to the Wind Energy Land Reserve Order

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On February 23, 2023 the Minister of Fisheries, Forestry and Agriculture under the authority of the Lands Act amended the Wind Energy Land Reserve Order.

The amendments include changes to sections 2 and 5. Section 2 was amended by adding the definition of “Act” to mean the Lands Act. Section 5 was replaced with the following:

5. Notwithstanding section 3, (a) the minister may accept applications for Crown lands included in the Wind Energy Land Reserve where the application states that (i) the Crown lands are required (A) on an urgent basis for the public good, (B) for meteorological lowers and associated developments or infrastructure, or (C) for access or utility purposes for developments existing on or before December 14, 2022; or (ii) the person making the application has acquired an interest in the Crown lands under section 36 of the Act; and (b) the minister may issue grants leases, or easements in relation to Crown lands included in the Wind Energy Land Reserve where (i) the minister is satisfied that the Crown lands are required for a purpose referred to in subparagraph (a)(i), (ii) the minister is satisfied that the person who made the application has acquired an interest in the Crown lands under section 36 of the Act, or (iii) the application for Crown lands was received on or before December 14, 2022.

The Wind Energy Land Reserve contains approximately 1,663,815 hectares available for lease from the province to build wind energy projects. Bids were accepted between December 14, 2022 and March 3, 2023. A Phase 1 review was conducted on all bids on criteria such as ensuring the companies have experience, financing, etc. Companies that passed the Phase 1 review proceed to the next phase which began in April 2023.

“Guidelines: Crown Land Calls for Bids for Wind Energy Projects” outlines the information that is required from bidders along with how bids will be evaluated.

Source: Newfoundland & Labrador (7/2023), February 24, 2023