Beyond Fixed Deposits: Decommissioning Security, Corporate Insolvency and Seabed Restoration under India's Offshore Wind Energy Lease Rules, 2023

India's transition towards offshore wind energy required a regulatory framework that addresses not only electricity generation but also the environmental and financial liabilities arising when projects reach the end of their operational lives. The Offshore Wind Energy Lease Rules, 2023 established a framework for offshore leasing, security deposits and decommissioning. In September 2024, the Ministry of New and Renewable Energy (MNRE) circulated proposed amendments intended to clarify the leasing framework, expand the scope of covered projects and streamline administrative requirements. This however was not formally notified in the Official Gazette. This article examines Rules 9, 16 and 17 alongside a comparative study on offshore decommissioning. It argues that the regulatory framework should provide for periodic reassessment of financial security, proportionate supplementary guarantees when material financial risks arise and verify seabed restoration before security is released.

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Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-07
DOI
https://doi.org/10.5281/zenodo.24023004
Primary Topic
Energy Law and Policy
Type
article
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article

Beyond Fixed Deposits: Decommissioning Security, Corporate Insolvency and Seabed Restoration under India's Offshore Wind Energy Lease Rules, 2023

Mohammed Junaid Ullah Khan
2 links
Zenodo (CERN European Organization for Nuclear Research)
Energy Law and Policy
article

Beyond Fixed Deposits: Decommissioning Security, Corporate Insolvency and Seabed Restoration under India's Offshore Wind Energy Lease Rules, 2023

Mohammed Junaid Ullah Khan
article en

Abstract

India's transition towards offshore wind energy required a regulatory framework that addresses not only electricity generation but also the environmental and financial liabilities arising when projects reach the end of their operational lives. The Offshore Wind Energy Lease Rules, 2023 established a framework for offshore leasing, security deposits and decommissioning. In September 2024, the Ministry of New and Renewable Energy (MNRE) circulated proposed amendments intended to clarify the leasing framework, expand the scope of covered projects and streamline administrative requirements. This however was not formally notified in the Official Gazette. This article examines Rules 9, 16 and 17 alongside a comparative study on offshore decommissioning. It argues that the regulatory framework should provide for periodic reassessment of financial security, proportionate supplementary guarantees when material financial risks arise and verify seabed restoration before security is released.

Zenodo (CERN European Organization for Nuclear Research)
Osmania University (IN)
Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Energy Law and Policy
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