The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

• (ii) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC on the conservation of wild birds;

• (iii) land, soil, water, air and climate;

• (iv) material assets, cultural heritage and the landscape;

• (v) the interaction between the factors referred to in paragraphs (i) to (iv); and

• (b) taking into account—

• (i) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

• (ii) the nature of the impact;

• (iii) any impact on the environment in other countries;

• (iv) the intensity and complexity of the impact;

• (v) the probability of the impact;

• (vi) the expected onset, duration, frequency and reversibility of the impact;

• (vii) the cumulation of the impact with the impact of other existing or approved projects;

• (viii) the possibility of effectively reducing the impact.

SCHEDULE 6 — Information for the environmental statement

1

A description of the project comprising information on the site, design, size and other relevant features of the project including—

• (a) a description of the location of the project;

• (b) a description of the physical characteristics of the project, including any demolition works necessary to implement the project, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the project, in particular any production process, which must cover energy demand and energy used, and nature and quantity of the materials and natural resources used (including water, land, soil and biodiversity);

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat and radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the developer and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment and including a comparison of environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of its likely evolution without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

An assessment of the likely significant effects of the project on the environment, including those resulting from—

• (a) the construction and existence of the project, including any demolition works necessary to implement the project;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

• (g) the technologies and the substances used.

5

The assessment under paragraph 4 must—

• (a) cover the likely significant effects on—

• (i) population and human health;

• (ii) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC on the conservation of wild birds;

• (iii) land, soil, water, air and climate;

• (iv) material assets, cultural heritage and the landscape;

• (v) the interaction between the factors referred to in paragraphs (i) to (iv);

• (b) cover the direct effects and any indirect, secondary, cumulative, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project, including any effects on the environment in other countries;

• (c) cover the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters;

• (d) take into account environmental protection objectives established in assimilated law or at national level.

6

A description of the features of the project or measures envisaged in order to avoid, prevent, reduce or offset likely significant adverse effects on the environment that—

• (a) explains the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset;

• (b) covers both the construction and operational phases;

• (c) includes any proposed monitoring arrangements (for example the preparation of a post-project analysis);

• (d) describes measures envisaged to prevent or mitigate the significant adverse effects of major accidents or disasters on the environment and details of the preparedness for and proposed response to such emergencies.

7

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

8

A non-technical summary of the information provided under paragraphs 1 to 7.

9

A reference list detailing the sources used for the descriptions and assessments included in the environmental statement.

SCHEDULE 7 — Consequential Amendments

Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

1

In regulation 4(3)(b) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 , after “Regulations 1999” insert “ or the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 ”.

Offshore Chemicals Regulations 2002

2

• (1) The Offshore Chemicals Regulations 2002 are amended as follows.

• (2) In regulation 2, omit the definition of “relevant project”.

• (3) In regulation 7(2), for paragraph (a) substitute—

(a) in connection with a project for which the Secretary of State serves a direction that an environmental impact assessment is not required pursuant to regulation 6 of the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 or regulation 6 of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999;

Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

3

In regulation 5A(5) of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 , for paragraph (a) substitute—

(a) in connection with a project for which the Secretary of State serves a direction that an environmental impact assessment is not required pursuant to regulation 6 of the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 or regulation 6 of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999;

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

4

In article 3(5) of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 , after “Regulations 1999”, insert “ or the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 ”.

Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

5

In regulation 4(5) of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 , for “Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999”, substitute “ Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 ”.

Conservation of Offshore Marine Habitats and Species Regulations 2017

6

• (1) The Conservation of Offshore Marine Habitats and Species Regulations 2017 are amended as follows.

• (2) In regulation 2, in the definition of “Petroleum or Energy Act consent”, after “Regulations 1999” insert “ or the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 ”.

• (3) In regulation 28(7), after “Secretary of State”, insert “ or the agreement to the grant ”.

Signed

Kwasi Kwarteng — Minister of State — 2020-12-07

Rebecca Harris — Maggie Throup — Two of the Lords Commissioners of Her Majesty's Treasury — 2020-12-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

The construction of a pipeline for the transport of oil, combustible gas, or chemicals, or for the transport of carbon dioxide streams for the purposes of geological storage of carbon dioxide, or the maintenance, repair, replacement, protection or extension of an existing pipeline constructed for those purposes where no part of the pipeline or related works would extend more than 500 metres from a well or any part of an installation to which that pipeline would be directly or indirectly attached.

Editorial notes