The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

Made: 17th February 1999

Laid before Parliament: 18th February 1999

Coming into force: 14th March 1999

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 him by that section hereby makes the following Regulations:–

Citation, commencement and application

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• (1) These Regulations may be cited as the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 and shall come into force on 14th March 1999.

• (2) Nothing in these Regulations shall apply to anything done pursuant to a consent or approval granted or relevant requirement imposed prior to 30th April 1998 or to the use of a floating installation where such use commenced prior to that date.

Revocation and transitional and saving provisions

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• (1) In this regulation “the 1998 Regulations" means the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998 .

• (2) Subject to paragraph (3) below, the 1998 Regulations are hereby revoked.

• (3) The 1998 Regulations shall continue to apply to any application for a consent received by the Secretary of State prior to the coming into force of these Regulations.

• (4) Any reference in these Regulations to a consent or approval granted or relevant requirement imposed pursuant to these Regulations shall include a reference to any consent or approval granted or relevant requirement imposed pursuant to the 1998 Regulations regardless of whether such grant or imposition took place before or after the coming into force of these Regulations.

Interpretation

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• (1) In these Regulations–

• “the 1998 Act" means the Petroleum Act 1998 ;

• “the 2008 Act” means the Energy Act 2008;

• “application" means, except in regulations 16 and 17 (applications to court), an application in writing;

• “appropriate particulars” means the name and address of the undertaker and a description of the relevant project which—includes—the physical characteristics of the whole project, and where relevant, of demolition works;the location of the project with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the project;the aspects of the environment likely to be significantly affected by the project;any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—the expected residues and emissions and the production of waste, where relevant; andthe use of natural resources, in particular soil, land, water and biodiversity;takes into account the matters set out in Schedule 1 (matters to be taken into account in deciding whether relevant project likely to have a significant effect on the environment) and, where relevant, the results of other assessments of the effects on the environment carried out pursuant to assimilated law other than any law that implemented the Directive; andmay also include any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;

• “approval" means an approval of the kind referred to in regulation 11(1) below (approval of proposals for the carrying out of relevant project);

• “authorisation" means a pipe-line works authorisation required by section 14 of the Petroleum Act 1998 (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 ;

• “combustible gas” means gas within the meaning of section 2(4) of the 2008 Act;

• “consent" means, except in regulation 4 below (requirements as to contents of licences; requirement as to consent for use of floating installations in connection with a development etc.),–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 re-commencement of the drilling 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 to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than as a by-product of the drilling or the testing of any well;any consent required by virtue of regulation 4(4)(a) below (consent to use of floating installation);any consent required by or under a licence in respect of the commencement or re-commencement of the drilling of any well used for the purposes of, or in connection with, the development; ...any authorisation for the execution of works for the construction of a pipe-line for the conveyance of petroleum carbon dioxide or combustible gas, being a pipe-line which is to form an integral part of the development; or any consent required by or under a licence to the carrying on of a storage or unloading activity; in relation to any relevant project comprising a pipe-line for the conveyance of petroleum , carbon dioxide or combustible gas 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; or in relation to any relevant project comprising the use of a mobile installation for— the extraction of petroleum where the principle purpose of the extraction is the testing of any well; orthe purpose of carrying out test injections of carbon dioxide or combustible gas,any consent required under regulation 4(4)(b) or (c),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 establishment of its existence, the appraisal of its quantity, characteristics or quality or the characteristics or extent of any reservoir in which it occurs; orany project which has as its main object a storage or unloading activity;

• “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;

• “EEA State” means a member State, Norway, Iceland or Liechtenstein;

• “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;

• “electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) while in an electronic form;

• “environmental authority" means any person on whom environmental responsibilities are conferred by or under any enactment other than these Regulations;

• “environmental impact assessment” shall be interpreted in accordance with regulation 3A;

• “environmental statement” has the meaning set out in regulation 3B (environmental statement);

• “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;

• “gas", except in the definitions of “combustible gas” and “petroleum”, means natural gas existing in its natural condition in strata;

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

• “licence” means—a licence granted or having effect as if granted under section 3 of the 1998 Act (licences to search and bore for and get petroleum); ora licence granted under section 4 or section 18 of the 2008 Act;and “licensee” shall be construed accordingly.;

• “notice" means notice in writing;

• “the OGA” means the Oil and Gas Authority;

• “oil", except in the definition of “petroleum" below, includes any mineral oil or relative hydrocarbon 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;

• “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;

• “public website” means a website accessible to the public where the public can view and download information placed upon it;

• “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;the construction of a pipe-line for the conveyance of petroleum , carbon dioxide or combustible gas other than one which is to form an integral part of any development, ...the use of a mobile installation for the extraction of petroleum where the principal purpose of the extraction is the testing of any well ; or the use of a mobile installation for the purposes of carrying out test injections of carbon dioxide or combustible gas, wholly or partly within the relevant area;

• “relevant requirement" means any requirement, imposed under a licence, of the kind referred to in regulation 11(4) below (powers of OGA to require carrying out of relevant project);

• “storage or unloading activity” means any activity within—section 2(3)(a) to (d) of the 2008 Act; orsection 17(2)(a) or (b) of the 2008 Act;

• “structure” means any structure which is intended to be permanent and is not designed to be moved from place to place without major dismantling and is used for, or, as the case may be, to be used for the purpose of—getting petroleum or conveying petroleum to land (including any structure for the storage of petroleum) but is not to be used only for searching for petroleum; ora storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land;

• “transboundary area” means the area comprising the relevant area but excluding—the tidal waters and parts of the sea adjacent to Scotland from the low water mark to the seaward limits of the territorial sea; andthe seabed and subsoil under the waters referred to in paragraph (a) above;

• “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; oractivities within section 2(3) or section 17(2) of the 2008 Act,but does not include any well drilled 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, references to a project proposed to be carried out in that area, a project which is in the course of being carried out in that area and 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 or use of mobile installation for the testing of a well

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• (1) The OGA shall not grant any licence which does not require the licensee to obtain the prior consent of the OGA to the operations to which paragraph (2) below applies.

• (2) This paragraph applies to any of the following operations wholly or partly in the relevant area–

• (a) the commencement or re-commencement of the drilling of any well;

• (b) the extraction of petroleum (otherwise than as a by-product of the drilling or the testing of any well) where the amount extracted exceeds 500 tonnes per day in the case of oil and 500,000 cubic metres per day in the case of gas; ...

• (c) the erection of any structure in connection with a development ; or

• (d) the carrying on of a storage or unloading activity.

• (3) The OGA shall not exercise any power conferred on it to vary the terms of a licence so as to relieve the licensee of any requirement to obtain the consent of the OGA to any of the operations to which paragraph (2) above applies.

• (4) Notwithstanding any provision in any licence, an undertaker shall not without the prior written consent of the OGA granted in accordance with these Regulations–

• (a) use a floating installation in connection with a relevant project comprising a development; ...

• (b) use any mobile installation for the extraction of petroleum where the principal purpose of the extraction is the testing of any well ; or

• (c) use any mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas.

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

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• (A1) The OGA shall not grant a consent in respect of a relevant project without the agreement of the Secretary of State.

• (1) The Secretary of State shall not agree to the grant of a consent in respect of a relevant project unless the application for that consent is—

• (a) one to which paragraph (2) or (2A) below applies;

• (b) accompanied by an environmental statement in respect of that project; or

• (c) the subject of a direction given under regulation 6 below (provision as to directions that no environmental statement need be prepared).

• (1A) Where in relation to a relevant project there is, in addition to a requirement for an environmental statement to be prepared in accordance with these Regulations, also a requirement to carry out a Habitats Regulations Assessment, the Secretary of State shall where appropriate ensure that the preparation of that assessment and the environmental statement are coordinated.

• (2) This paragraph applies to any application for consent to the construction of a pipe-line or the augmentation of an existing pipe-line where—

• (a) no part of the pipe-line to be constructed or augmented would extend more than 500 metres from a well or any part of a fixed installation to which that pipe-line would be directly or indirectly attached; and

• (b) the Secretary of State has decided that having regard to the matters set out in Schedule 1 to these Regulations the operation in respect of which consent is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of the relevant project in question.

• (2A) This paragraph applies to any application for a renewal of a consent to—

• (a) the getting of petroleum in relation to a relevant project (other than as a by-product of the drilling or testing of a well); or

• (b) the carrying on of a storage or unloading activity,

where the Secretary of State has decided that, having regard to the matters set out in Schedule 1, the operation in respect of which the renewal is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of that project.

• (2B) For the purposes of paragraph (2A), a consent is renewed where the term of the consent is increased, but without any other variation in the conditions attached to the consent.

• (3) Where the Secretary of State receives an application for a consent in respect of a relevant project to which paragraph (2) or (2A) above applies, the undertaker in question shall provide the Secretary of State with such information as he may require regarding that application.

• (4) Where an application for consent in respect of a relevant project is accompanied by an environmental statement, the Secretary of State shall not make the decision referred to in regulation 5A(1)(c) in respect of that project unless the Secretary of State is satisfied that the requirements of regulations 9 and 10 have been substantially met, and that, where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the statement.

• (5) Where pursuant to regulation 12(2) below (request by EEA state to participate in procedure under the Regulations in relation to relevant project affecting it) a EEA state has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to agree to the grant of consent in respect of a relevant project, the Secretary of State shall not make the decision referred to in regulation 5A(1)(c) in respect of that project unless–

• (a) he is satisfied that the requirements of regulation 12(1) and (2) below (projects affecting other States) have been complied with;

• (b) he has communicated to that EEA state the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any trans-boundary effects of the project);

• (c) he is satisfied that–

• (i) the EEA state has been consulted regarding the application for consent and arrangements for consulting persons in that EEA state (including any authorities likely to be interested in the relevant project in question by virtue of their particular environmental responsibilities or local or regional competence);

• (ii) a reasonable time has been allowed for the consultation of the persons referred to in sub-sub-paragraph (i) above and for any representations made by them regarding the relevant project to be forwarded to the Secretary of State; and