Guide on How to Develop a Small Hydropower Plant
ESHA 2004
9.3.1.2 Operation Licence This licence is granted by the Regional Authority, following completion of the construction works and after checking and certification by relevant Services of the project's compliance with all the terms and conditions concerning its installation and operation. The application for the operation licence is submitted together with supporting documents. 9.3.2 France 6 The French regulation distinguishes the projects less than 4 500 kW from those more than 4 500 kW. The first ones need an authorisation delivered by the préfet, the local representative of the government. The necessary procedure is described below. Where there are difficulties, this process may take up to five or ten years. Besides the 2001/77/EC Directive, the French government organised a debate on the simplification of procedures in RES projects. The main conclusion for SHP was that the procedure should not last more than 2 years. Projects bigger than 4 500 kW need a concession which is granted by the Council of state. It has a maximum duration of 75 years and can be renewed in thirty years periods. Whereas the authorization may be precarious and eventually be repealed without indemnity in case of national defence, public safety, etc…, the concession gives the advantages of a public utility status, but its procedure is heavier. These projects need a high level of specialization and the concession procedure is not presented in this guidebook. 9.3.2.1
“Classified rivers”
An important point of the French regulation is that a part of the river network, classified by decrees in reference to the 16 October 1919 law, is forbidden to the energetic use. So, the developer has firstly to check if the site is not “classified”. 9.3.2.2 Authorisation procedure According to the 16/10/1919 law, like the concession, the authorization is granted for a maximum of 75 years and can be renewed. In fact, this duration is now generally shortened to 30 years, so that at each renewal, the producer can comply with the new regulation. The 95-1204 decree of 6/11/1995 specifies the documents and information to be supplied in the application file. They mainly include: • • • • • •
Information on the developer A technical and geographical file of the project An environmental impact assessment for projects of raw maximum power more than 500 kW; if this power is less than 500 kW, a simpler study (“notice d’impact”) is enough Duration asked for the authorization Economic and financial information Land properties
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