The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998

Made: 4th April 1998

Laid before Parliament: 7th April 1998

Coming into force: 30th April 1998

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred on her by that section hereby makes the following Regulations:—

Citation and commencement

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These Regulations may be cited as the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998 and shall come into force on 30th April 1998.

Interpretation

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• (1) In these Regulations—

• “the 1934 Act” means the Petroleum (Production) Act 1934 ;

• “application” means, except in regulations 14 and 15 (applications to court), an application in writing;

• “appropriate particulars” means, for the purposes of regulation 5(1) (application for direction that no environmental statement required), 6(1) (application for provision of information to undertaker) or 9(2) (circumstances where no environmental statement required) below, the name and address of the undertaker, the location of the project, the nature and purpose of the project and what the undertaker considers would be likely to be the main environmental consequences of the execution of the project;

• “approval” means an approval of the kind referred to in regulation 9(1) below (approval of proposals for the carrying out of relevant project);

• “authorisation” means a pipe-lines works authorisation required by section 20 of the Petroleum and Submarine Pipe-lines Act 1975 (construction and use of pipe-lines);

• “business day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 ;

• “consent” means—in relation to any relevant project comprising the drilling of an exploration well, any consent required by or under a licence to the commencement or recommencement of the drilling of that well or to the getting of petroleum in the course of the testing of that well;in relation to a relevant project comprising a development—any consent required by or under a licence in respect of the erection of any structure;any consent required by or under a licence in relation to the getting of petroleum;any consent required by virtue of regulation 3(4) below (consent to use of floating installation);any consent required by or under a licence in respect of the commencement or recommencement of the drilling of any well used for the purposes of, or in connection with, the development; orany authorisation for the execution of works for the construction of a pipe-line for the conveyance of petroleum, being a pipe-line which is to form an integral part of the development; orin relation to any relevant project comprising a pipe-line for the conveyance of petroleum other than a pipe-line which is to form an integral part of a development, any authorisation for the execution of works for the construction of that pipe-line,but does not in any case include any consent required pursuant to a licence in respect of anything done or to be done wholly outside the relevant area or any approval;

• “development” means any project which has as its main object the getting of petroleum as opposed to the ascertaining of its presence or otherwise or, where petroleum is found, its quantity, characteristics or quality;

• “effect” includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;

• “environmental authority” means any person on whom environmental responsibilities are conferred by or under any enactment but in any particular case does not include the Secretary of State to whom it falls in that case to exercise functions in relation to regulation 6(1) (obtaining of information for the preparation of environmental statements), regulation 7(1) (procedure on receipt of application for consent accompanied by environmental statement) or regulation 7(1) as it applies by virtue of regulation 9(4) (procedure on receipt of environmental statement in connection with exercise by Secretary of State of powers under licences);

• “environmental statement” means a statement prepared in respect of a relevant project and which includes, where relevant, at least the matters specified in the Schedule to these Regulations;

• “exploration well” means any well other than a well drilled for the purposes of, or in connection with, a development;

• “floating installation” means any floating construction or device maintained on a station by whatever means but does not include a structure;

• “the Gazettes” means the London, Edinburgh and Belfast Gazettes;

• “licence” means a licence granted under section 2 of the 1934 Act (licences to search and bore for and get petroleum) and “licensee” shall be construed accordingly;

• “notice” means notice in writing;

• “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

• “the relevant area” means that area comprising—tidal waters and parts of the sea adjacent to the United Kingdom from the low water mark up to the seaward limits of territorial waters;waters in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 (designation of areas of continental shelf); andthe seabed and subsoil under the waters referred to in paragraphs (a) and (b) above;

• “relevant project” means a project comprising—the drilling of an exploration well;a development; orthe construction of a pipe-line for the conveyance of petroleum other than one which is to form an integral part of the development,wholly or partly within the relevant area;

• “relevant requirement” means any requirement imposed under a licence of the kind referred to in regulation 9(3) below (powers of Secretary of State to require carrying out of relevant project);

• “structure” means, in relation to a development, any structure the purpose of which is the getting of petroleum or conveying of petroleum to land (including any structure for the storage of petroleum) which is intended to be permanent and is neither designed to be moved from place to place without major dismantling nor to be used only for searching for petroleum;

• “undertaker” means any person who carries out, or may reasonably be taken to propose the carrying out of, a relevant project; and

• “well” means any well or borehole drilled for the purposes of, or in connection with, the getting of petroleum, the exploration for petroleum or the establishment of the existence of, or appraisal of, the quantity, characteristics or quality of, petroleum in a particular location but does not include any well drilled in connection with the exploration for petroleum to a depth of 350 metres or less below the surface of the seabed for the purpose of obtaining geological information about strata or any drilling operation, the main purpose of which is the testing of the stability of the seabed.

• (2) References in these Regulations to a project being in a particular area include, unless the context otherwise requires, a project proposed to be carried out in that area, a project which is in the course of being carried out in that area or a project which has been carried out in that area.

Requirements as to contents of licences; requirement as to consent for use of floating installations in connection with a development

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• (1) Where the Secretary of State exercises the powers conferred on her under the 1934 Act to grant licences relating to the relevant area, she shall exercise those powers so as to ensure the carrying out (whether by virtue of these Regulations or otherwise) of an environmental assessment substantially of the kind and in the manner provided for by these Regulations in relation to proposals—

• (a) to which paragraph (2) below applies; and

• (b) which might be carried out in the relevant area by virtue of such licences.

• (2) This paragraph applies to proposals—

• (a) for a development which the Secretary of State is not satisfied will produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; or

• (b) to the extent that they are not covered by sub-paragraph (a) above, which involve—

• (i) the drilling of a well;

• (ii) the erection of a structure; or

• (iii) the getting of petroleum,

which are of such a nature as to prevent the Secretary of State from being satisfied, without more, that their execution would not be likely to have a significant effect on the environment.

• (3) The Secretary of State shall not exercise any power conferred on her to vary a licence unless she is satisfied that such a variation would not prevent the carrying out (whether by virtue of these Regulations or otherwise) of an environmental assessment substantially of the kind and in the manner provided for by these Regulations in relation to proposals—

• (a) to which paragraph (2) above applies; and

• (b) which might be carried out in the relevant area pursuant to such a licence.

• (4) Notwithstanding any provision in any licence and subject to paragraph (5) below, an undertaker shall not use a floating installation in connection with a relevant project comprising a development without the prior written consent of the Secretary of State granted in accordance with these Regulations.

• (5) Paragraph (4) above does not apply to the continued use of a floating installation in connection with a relevant project comprising a development where that use commenced before the coming into force of these Regulations.

Grant of consent by Secretary of State in respect of relevant projects

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• (1) The Secretary of State shall not grant a consent in respect of a relevant project unless she has received either—

• (a) an application for that consent accompanied by an environmental statement; or

• (b) an application for that consent which falls within the terms of a direction given under regulation 5 below (provision as to directions that no environmental statement need be prepared).

• (2) Where an application for consent in respect of a relevant project is accompanied by an environmental statement, the Secretary of State shall not grant a consent in respect of that project unless she—

• (a) is satisfied that the requirements of these Regulations as to consultation and publicity have been substantially met; and

• (b) has taken into consideration—

• (i) the environmental statement;

• (ii) any information in respect of that relevant project of the kind referred to in regulation 8(2);

• (iii) the representations of any environmental authority to which a copy of that statement was required to be sent pursuant to these Regulations; and

• (iv) any opinions expressed by the public.

• (3) Where the Secretary of State has made a direction under paragraph (5)(2) below (provision as to directions that no further environmental statement need be prepared where one already prepared), she shall not grant a consent pursuant to an application which falls within the terms of that direction unless she has taken into consideration—

• (a) the environmental statement originally prepared in respect of the relevant project in question;

• (b) any representations previously made by an environmental authority to whom that statement was required to be sent; and

• (c) any opinions originally expressed by the public.

• (4) Where having considered the matters set out in paragraph (2)(b) or, as the case may be, (3) above, the Secretary of State gives her consent to a relevant project, she may (to the extent that she has no power to do so apart from this regulation 4(4)) attach conditions to that consent for the purpose of reducing any significant adverse effects of that project on the environment.

• (5) The Secretary of State shall publish in the Gazettes her decision in relation to any application for consent accompanied by an environmental statement in respect of a relevant project, together with, where she gives consent, details of any conditions attached to that grant of consent.

• (6) Upon publication in the Gazettes of her decision in relation to an application for consent, the Secretary of State shall communicate that decision to any member State which has, pursuant to regulation 10 below (projects affecting other member States), been provided with a copy of the environmental statement that accompanied that application.

Provisions as to directions that no environmental statement need be prepared

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• (1) Where—

• (a) an undertaker makes an application containing the appropriate particulars to the Secretary of State for her to exercise the power conferred by this paragraph (1); and

• (b) the Secretary of State is satisfied that either—

• (i) the carrying out of the relevant project described in that application; or

• (ii) the carrying out of the relevant project as modified or carried out in a particular way or carried out at a particular time,

is not likely to have a significant effect on the environment, she may give a direction that, subject to paragraph (4) below, any application for consent in respect of that relevant project or that relevant project as modified or to be carried out in the manner or at the time specified in the direction need not be accompanied by an environmental statement.

• (2) Where a relevant project has been the subject of an environmental assessment in accordance with regulation 4(2) above (consideration of application for consent accompanied by environmental statement), the Secretary of State may, on the application of the undertaker concerned, give a direction that further applications for consents of such kind as may be specified in that direction need not be accompanied by an environmental statement provided that the Secretary of State is satisfied that if such consents were granted anything that might be done pursuant to them would not give rise to substantially different or significantly greater effects from those mentioned in the environmental statement originally prepared in respect of the relevant project.

• (3) An undertaker shall provide to the Secretary of State such further information in relation to an application made by the undertaker under paragraphs (1)(a) and (2) above as the Secretary of State may require.

• (4) Subject to paragraph (5) below, no direction shall be given pursuant to paragraph (1) above in respect of any application for consent—

• (a) to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than in the course of the testing of any well;

• (b) to the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; or

• (c) for the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (whether that pipe-line forms an integral part of a development or otherwise).

• (5) Paragraph (4) above shall not prevent the giving of a direction pursuant to paragraph (1) above in respect of an application for—

• (a) a consent to the variation of the terms or conditions of any consent to the getting of petroleum in excess of the amounts referred to in paragraph (4)(a) above;

• (b) a consent to the variation of any consent to the erection of any structure in relation to a development (whether the structure has already been erected pursuant to that consent or not); or

• (c) the renewal or extension of any consent.

• (6) Any direction given pursuant to this regulation shall remain in force for 2 years (or such shorter period as may be specified in the direction) from the date on which it was given.

• (7) The Secretary of State shall give notice to the undertaker concerned of her decision in relation to any application made under this regulation.

Obtaining of information for the preparation of environmental statements

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• (1) This regulation applies where an undertaker makes an application to the Secretary of State containing appropriate particulars in relation to a relevant project for the provision to the undertaker of any information which—

• (a) would assist the undertaker in the preparation of the environmental statement in respect of the relevant project referred to in the appropriate particulars; and

• (b) but for the provisions of paragraphs (2) and (3) below, could not readily be obtained by the undertaker.

• (2) On receipt of such an application as is mentioned in paragraph (1) above, the Secretary of State shall—

• (a) subject to paragraph (4) below, provide to the undertaker such information as she may have of the kind mentioned in paragraph (1) above;

• (b) provide to the undertaker the name and address of any environmental authority that she considers may have any such information; and

• (c) at the same time as she provides the name and address of any environmental authority to an undertaker, serve on that authority a notice which—

• (i) states that she has provided the authority’s name and address to the undertaker;

• (ii) refers to the duty imposed on the authority by paragraph (3) below; and

• (iii) is accompanied by a copy of the application made by the undertaker under this regulation.

• (3) Where a notice pursuant to paragraph (2)(c) above is served on an environmental authority by the Secretary of State, the authority shall, subject to paragraph (4) below, provide to the undertaker concerned, within the period specified in the notice, any information held by it which it considers is of the type mentioned in paragraph (1) above.

• (4) Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of the United Kingdom subject to any obligation of confidentiality.