The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Made: 21st April 2017

Laid before Parliament: 24th April 2017

Coming into force: 16th May 2017

In exercise of the powers conferred by section 2(2) of that Act, and also by section 56(1) and (2) of the Finance Act 1973[^f00005] and with the consent of the Treasury, the Secretary of State makes the following Regulations:

Citation and commencement

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These Regulations may be cited as the Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 and come into force on 16th May 2017.

Interpretation

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In these Regulations—

• “the 1999 Offshore Regulations” means the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999[^f00006];

• “the 1999 Pipe-line Regulations” means the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999[^f00007]; and

• “the 2000 Regulations” means the Pipe-line Works (Environmental Impact Assessment) Regulations 2000[^f00008].

PART 1 — Amendment of the 1999 Offshore Regulations

Introduction

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Amendment of regulation 3 (interpretation)

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New regulations 3A and 3B

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Amendment of regulation 4 (requirement as to contents of licences etc.)

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Amendment of regulation 5 (agreement of Secretary of State in respect of relevant projects)

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New regulation 5A (decision as to whether agreement is to be given)

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Amendment of regulation 6 (provisions as to directions that no environmental statement need be prepared)

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Amendment of regulation 7 (opinion by Secretary of State as to content of environmental statements)

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Amendment of regulation 8 (obtaining of information for the preparation of environmental statements)

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Amendment of regulation 9 (procedure on receipt of application for consent etc.)

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Amendment of regulation 10 (provision to Secretary of State of further information and evidence respecting environmental statements)

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Amendment of regulation 11 (exercise by OGA of powers under licences)

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Amendment of regulation 12 (projects affecting other states)

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Amendment of 12A (projects in other states having a significant effect on the environment in the transboundary area)

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New regulation 13 (exempt projects)

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Amendment of regulation 16 (application to court by person aggrieved)

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Amendment of regulation 17A (fees)

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Substitution of Schedule 1 (matters to be taken into account in deciding whether relevant project likely to have a significant effect on the environment)

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Substitution of Schedule 2 (contents of environmental statement)

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Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

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Transitional provisions in relation to the 1999 Offshore Regulations

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PART 2 — Amendment of the 1999 Pipe-line Regulations

Introduction

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The 1999 Pipe-line Regulations are amended in accordance with this Part.

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In the 1999 Pipe-line Regulations, for “four weeks”, “4 weeks” or “28 days”, wherever each expression occurs, substitute “30 days”.

Amendment of regulation 2 (interpretation)

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In regulation 2(1)—

• (a) for the definition of “appropriate particulars”, substitute—

• “appropriate particulars” means, in relation to a request for an environmental determination or a request under regulation 7(1) (pre-application request to the Secretary of State etc.), the name and address of the gas transporter and a description of the proposed pipe-line works which—includes—the physical characteristics of the whole works, and where relevant, of demolition works;the location of the works with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the works;the aspects of the environment likely to be significantly affected by the works;any likely significant effects, to the extent of the information available on such effects, of the works 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 2 (matters to be taken into account in making an environmental determination etc.) and, where relevant, the results of other relevant assessments of the effects on the environment carried out pursuant to EU legislation other than the Directive; andmay also include any features of the proposed pipe-line works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;

• (b) after the definition of “the consultation bodies”, insert—

• “the Directive” means Directive 2011/92/EU[^f00015] of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;

• (c) omit the definition of “environmental statement”, and insert—

• “environmental impact assessment” shall be interpreted in accordance with regulation 2A;
• “environmental statement” has the meaning set out in regulation 2B;

• (d) after the definition of “gas transporter”, insert—

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

• (e) in the definition of “relevant planning authority”, in paragraph (c), after “is required” insert “or in regulation 3A(1) (exempt pipe-line works),”; and

• (f) in the definition of “sensitive area”—

• (i) for paragraph (h), substitute—

(h) an area of outstanding natural beauty designated as such by an order made under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;[^f00016]

• (ii) at the end of paragraph (i), insert “or regulation 8 of the Conservation of Habitats and Species Regulations 2010[^f00017]”;

• (iii) at the end of paragraph (j), omit “and” and at the end of paragraph (k), insert “and”; and

• (iv) after sub-paragraph (k), insert—

(l) a wetland designated under paragraph 1 of Article 2 of the Ramsar Convention, as defined in section 37A of the Wildlife and Countryside Act 1981, for inclusion in the list of wetlands of international importance referred to in that Article[^f00018].

New regulation 2A (environmental impact assessment) and regulation 2B (environmental statement)

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After regulation 2, insert—

(2A) (1) In these Regulations, “environmental impact assessment” means the process consisting of— (a) the preparation and submission of an environmental statement by a gas transporter; (b) the carrying out of the consultations referred to in regulations 9 to 11A and, where relevant, regulation 13; (c) the Secretary of State’s consideration of the information presented in the environmental statement, any further information or additional information provided in accordance with regulation 11 or 11A, and any representations or opinions received as the result of the consultations referred to in sub-paragraph (b); (d) the Secretary of State’s reasoned conclusion as required by regulation 14(1); and (e) the integration of that conclusion into the decision as to whether the grant of consent is to be given as required by regulation 14(1). (2) In carrying out the steps described in paragraph (1)(a), the gas transporter shall identify, describe and assess in an appropriate manner— (a) the direct and indirect significant effects of the proposed pipe-line works on the following factors— (i) population and human health; (ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds; (iii) land, soil, water, air and climate; (iv) material assets, cultural heritage and the landscape; and (v) the interaction between the factors referred to in sub-paragraphs (i) to (iv); and (b) the operational effects of the proposed pipe-line works (where the works will have operational effects) and the expected effects deriving from the vulnerability of the works to risks of major accidents or disasters that are relevant to the works concerned. (2B) (1) In these Regulations, an “environmental statement” means a report prepared as part of an environmental impact assessment in respect of proposed pipe-line works which includes— (a) a description of the works comprising information on the site, design, size and other relevant features of the works; (b) a description of the likely significant effects of the works on the environment; (c) a description of the features of the works or measures envisaged in order to avoid, prevent or reduce, and if possible, offset likely significant adverse effects on the environment; (d) a description of the reasonable alternatives studied by the gas transporter which are relevant to the works and their specific characteristics and an indication of the main reasons for the option chosen, taking into account the effects of the works on the environment; (e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and (f) any additional information set out in Schedule 1 (information for the environmental statement) relevant to the specific characteristics of the particular proposed pipe-line works or type of works and to the environmental features likely to be affected. (2) In preparing the environmental statement, the gas transporter shall also take into account any available results of other relevant assessments under EU or national legislation. (3) Where the Secretary of State has given an opinion under regulation 7 on the matters to be included in the environmental statement, the statement shall be based on that opinion and include the information that may be reasonably required for reaching a reasoned conclusion on the significant effects of the proposed pipe-line works on the environment, taking into account current knowledge and methods of assessment. (4) In order to ensure the completeness of the environmental statement, the gas transporter shall ensure that— (a) the statement is prepared by competent experts; and (b) the statement is accompanied by a statement from the gas transporter outlining the relevant expertise or qualifications of such experts.

Amendment of regulation 3 (environmental statements)

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In regulation 3—

• (a) in paragraph (1), after “(5) and regulations”, insert “3A (exempt pipe-line works),”;

• (b) after paragraph (5), insert—

(5A) Where in relation to EIA development 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.

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• (c) after paragraph (6), insert—

(7) In this regulation, a “Habitats Regulations Assessment” means an assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010 in respect of the proposed pipe-line works.

New regulation 3A (exempt pipe-line works)

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After regulation 3, insert—