On November 27, the Department of Natural Resources of Guangdong Province responded on the interactive platform that "after the establishment of three-dimensional hierarchical rights in the sea area, what proportion and standard should be paid for the use of the sea area for offshore photovoltaic projects ?"? Whether to share the sea area use fee with other authorizers in a certain proportion? The problem of. According to the Department of Natural Resources of
Guangdong Province, Article 7 of the Circular on Exploring and Promoting the Work of Establishing Three-dimensional Stratified Rights in Sea Areas (Natural Resources Regulation No.2023) issued by the Ministry of Natural Resources clearly stipulates that "for projects with three-dimensional stratified rights, sea area use f ees shall be levied in accordance with the method of" one thing, one right, one certificate and one payment ". Each project with three-dimensional hierarchical rights in the same sea area shall be regarded as an independent object of expropriation, and the sea area use fee shall be levied separately according to its way of using the sea, and the sea area use fee shall not be reduced or exempted in violation of regulations.
The Guangdong Provincial Department of Natural Resources also pointed out that Article 4 of the Notice on Promoting the Establishment of Three-dimensional Stratified Rights for the Right to Use Sea Areas (Guangdong Natural Resources Regulation No.2023) also clearly stipulated that "the project of establishing three-dimensional stratified rights for the right to use sea areas shall be based on the principle of" one thing, one right, one certificate and one payment ". According to the sea area grade and level, the way of sea use and the area of sea use determined by the collection standard of sea area use fee in Guangdong Province, the sea area use fee shall be levied respectively. According to the relevant national and provincial regulations listed above, the offshore photovoltaic project you consulted is currently carrying out three-dimensional layered rights in the sea area, and the sea area use fee shall be levied separately in accordance with the Standards for Collection of Sea Area Use Fees in Guangdong Province (Revised in 2022) (Yue Cai Gui [2022] No.4), rather than sharing the sea area use fee with other authorizers in proportion.
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