When a planned change of ownership of a large-scale solar park was notified in the spring, the Land and Environment Court ruled that a new consultation was required. The reasons were the lack of a location study, the fact that two years had elapsed since the previous consultation, and technical and knowledge developments.
When establishing solar parks, it is not entirely uncommon for the business to be transferred to a wholly owned subsidiary, such a transfer usually takes place through information to the supervisory authority. The question has now been examined whether a change of operator may require a new 12:6 consultation (for activities that do not have an environmental permit). The issue was decided in the spring by the Land and Environment Court in Nacka.
The case concerned a large-scale photovoltaic park whose activities had been consulted under 12:6 by the parent company, after which the county administrative board imposed precautionary measures. About two years later, the parent company wished to transfer the business to a wholly owned subsidiary, and informed the County Administrative Board. The County Administrative Board ordered the subsidiary to re-consult the business under section 12:6 of the Environmental Code.
This was appealed to the Land and Environment Court, which shared the County Administrative Board's assessment. Decisive for the question of whether a new operator can be ordered to consult again was in this case that no localization study had been conducted, that almost two years had passed since the consultation, and the development of knowledge and technology in large-scale solar cell plants that had taken place since the previous consultation.
The injunction was also not considered too intrusive in this case because the construction of the facilities covered by the consultation had not started.
What does it mean for those planning or operating solar projects?
Plan the change of ownership, a shorter time from completed consultation to change affects the need for further investigation. The need for further consultation after a change of ownership can be avoided by, among other things, applying for a voluntary permit for your solar park.
Do you have questions about how this might affect your project? Please get in touch and we can discuss how to best manage permits and consultations in your project.
