Energy Act 2008

Prohibition on unlicensed activities

Interaction with the petroleum licensing requirements

The renewables obligation

The Northern Ireland renewables obligation

Power to amend licence conditions etc: procedure

The Northern Ireland renewables obligation

The Northern Ireland renewables obligation

Financial resources etc

Protection of abandonment funds from creditors

Directions under section 80: supplemental

Part 4A — Works detrimental to navigation

Consent required for carrying out of certain operations

82A

• (1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).

• (2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.

• (3) Subject to that, subsection (1) applies to an operation if—

• (a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently),

• (b) it is of a description falling within subsection (4), and

• (c) it may be carried out only with a permission falling within subsection (5).

• (4) The descriptions of operations are—

• (a) the construction, alteration, improvement, dismantlement or abandonment of any works;

• (b) the deposit of any object or materials;

• (c) the removal of any object or materials.

• (5) The permissions are—

• (a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934,

• (b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences),

• (c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines),

and see also subsection (6).

• (6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.

• (7) In the case of an authorised exploration or exploitation operation (see subsection (8))—

• (a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes

• (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.

• (8) In this Part “ authorised exploration or exploitation operation ” means any operation—

• (a) which is of a description falling within subsection (4)(a), and

• (b) which may be carried out only with a permission falling within subsection (5).

82B

• (1) The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.

• (2) On receipt of any such application, the Secretary of State may cause to be published notice of—

• (a) the application, and

• (b) the time within which, and the manner in which, objections to the application may be made.

• (3) Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application.

• (4) The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent.

82C

• (1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies.

• (2) In any such case, the Secretary of State must either—

• (a) refuse to give consent, or

• (b) give consent subject to such conditions as the Secretary of State considers appropriate.

• (3) In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.

• (4) In the case of an authorised exploration or exploitation operation—

• (a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes

• (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.

• (5) A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.

• (6) Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.

82D

• (1) This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”).

• (2) A consent condition shall either—

• (a) remain in force for a specified period, or

• (b) remain in force without limit of time,

but this is subject to subsection (5).

• (3) A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question.

• (4) Where—

• (a) a consent condition relates to the taking of navigational precautions, and

• (b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed),

the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken.

• (5) The Secretary of State may revoke any consent condition.

• (6) In this section “ taking of navigational precautions ” means any of the following—

• (a) the provision of any lights, signals or other aids to navigation;

• (b) the stationing of guard ships in the vicinity of the works in question;

• (c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works.

Directions by the Secretary of State

Modification of pipelines

82E

• (1) This section applies if—

• (a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or

• (b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition.

• (2) The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction.

• (3) The Secretary of State must consult the defaulter before giving a direction under subsection (2).

• (4) If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may—

• (a) comply with the direction on behalf of the defaulter, or

• (b) make arrangements for another person to do so.

• (5) A person taking action by virtue of subsection (4) may—

• (a) do anything which the defaulter could have done, and

• (b) recover from the defaulter any reasonable costs incurred in taking the action.

• (6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.

• (7) The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates.

• (8) The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct.

• (9) The power to give a direction under this section is without prejudice to any provision made—

• (a) in the consent, with regard to the enforcement of any of its provisions, or

• (b) in the condition, with regard to the enforcement of the condition.

Emergency safety requirements

82F

• (1) This section applies in any case where—

• (a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and

• (b) at any time after the giving of that consent, the condition in subsection (2) is met.

• (2) The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—

• (a) any substantial damage to any works to which the relevant consent relates, or

• (b) any other substantial and unforeseen change in the state or position of any such works.

• (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.

• (4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).

• (5) Those matters are—

• (a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and

• (b) the stationing of guard ships in the vicinity of those works.

• (6) An emergency safety notice may be served by the Secretary of State whether or not—

• (a) the operation in question has been completed, or

• (b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).

82G

• (1) If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may—

• (a) comply with the notice on behalf of the consent holder, or

• (b) make arrangements for another person to do so.

• (2) For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.

• (3) A person taking action by virtue of subsection (1) may—

• (a) do anything which the consent holder could have done, and

• (b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate.

• (4) The persons are—

• (a) the consent holder;

• (b) any other person or persons bound by a consent condition by virtue of section 82D(3).

• (5) A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment.

• (6) The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates.