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Renewable Energy Development and the Function of Law: A Comparative Study of Legal Rules Related to the Planning, Installation and Operation of Windmills

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Swedish energy policy relies heavily on the promotion of renewable energy, in
particular wind power. Notwithstanding a substantial political and economic support for
this development, the installed capacity of wind power in Sweden remains fairly small
both in relation to the corresponding development in other countries and in absolute
numbers. The starting point for this study is that the implementation of a planning
policy, such as the Swedish development goal for wind power, is partly dependent on
the requirements of the law. In other words, in the face of supposedly strong economic
incentives to promote wind power, barriers to the implementation might be found
embedded in the institutional system. The purpose of this study is thus, primarily, to
describe and analyse the function of Swedish law with reference to the implementation
of renewable energy policy objectives, with focus on the development of wind power.
This involves legal rules related to planning, location and operation of windmills. The
legal system is evaluated in respect of its capacity to facilitate or impede the
development of wind power. Secondly, the study includes a comparative analysis of the
corresponding legal functions in Denmark, Norway and England. The result of the
analysis of Swedish law indicates that the legal system governing the implementation
process encompasses barriers to the development of wind power. The main obstacles
are found in the system for physical planning and the concession system, although quite
a few hindering individual provisions have also been disclosed. The lack of sufficient
control functions together with an extensive municipal power creates an unpredictable
and ineffective planning system that basically lacks confidence for an efficient
implementation of wind power. The installation of windmills may further require as
many as five different types of permits, which risks to seriously hamper the
development due to lengthy processes and appeals. Among the individual rules, the
location requirement in the Swedish Environmental Code strikes as notably hindering;
the requirement to objectively assess alternative sites has in several cases obstructed the
installation of windmills. Overall, the implementation deficits are considerable. The
examination of the corresponding legal functions in Denmark, Norway and the United
Kingdom presents some very important differences with respect to planning control and
permit requirements, as well as regarding substantial provisions. Generally, it looks as if
there is a correlation between the level of overarching control over the physical
planning on the one hand, and the potential to successfully implement renewable energy
policy objectives on the other. Time-limits for permit procedures, legal standards for
emissions, explicit rules for the balancing of opposite interests and so forth, are other
interesting features that may be employed in Sweden. A realization of the Swedish wind
power planning goal will thus presumably require changes of the law. The most
important issue is perhaps to reduce the implementation deficits by improving the legal
framework governing the planning and installation processes. A few of the discussed
factors emerge as crucial in this respect and that is roughly: to remove the general
permit requirement, and thus leave the entire trial to the planning system; and to breach
the municipal planning monopoly.

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Ketersediaan

EJ20350

My Library

Tersedia

Informasi Detil

Judul Seri

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No. Panggil

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Penerbit

: ., 2008

Deskripsi Fisik

255 p.

Bahasa

English

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

online resource

Edisi

DOCTORA L TH E S I S

Subyek

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Info Detil Spesifik

Ejurnal

Pernyataan Tanggungjawab

Luleå University of Technology Department of Business Administration and Social Sciences Division of Social Science

Versi lain/terkait

Lampiran Berkas

Komentar

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