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

Exercise by Secretary of State of powers under licences

11.—(1) Where the Secretary of State exercises any powers under a licence so as to require a licensee to submit to him for his approval any proposals for the carrying out of a relevant project comprising a development then, subject to paragraph (2) below, any proposals so submitted shall be accompanied by an environmental statement.

(2) Proposals of the kind referred to in paragraph (1) above need not be accompanied by an environmental statement where–

(a) the licensee has submitted appropriate particulars in respect of the development referred to in the proposals submitted to the Secretary of State; and

(b) the Secretary of State, being satisfied that–

(i) the proposals either relate to a development which will produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day or do not involve the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more;

(ii) having regard to the matters set out in Schedule 1 to these Regulations, the carrying out of the proposals is not likely to have a significant effect on the environment; and

(iii) no member State has requested under regulation 12 below (projects affecting other States) to participate in the decision relating to the granting of the approval,

has given a direction in writing within the two years immediately preceding the submission of the proposals that they need not be accompanied by an environmental statement.

(3) The Secretary of State may revoke a direction given under paragraph (2) above.

(4) Where the Secretary of State proposes to exercise powers under a licence to impose a requirement on a licensee to carry out a relevant project comprising a development–

(a) which in his opinion is likely to produce in excess of 500 tonnes of oil per day or in excess of 500,000 cubic metres of gas per day or involves the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more; or

(b) other than one falling within sub-paragraph (a) above which, having regard to the matters set out in Schedule 1 to these Regulations, he is not satisfied is not likely to have a significant effect on the environment,

he shall serve a notice on the licensee setting out details of the relevant project which he proposes that the licensee should be required to carry out and requiring the licensee to provide him with an environmental statement in respect of that project within such time as may be specified in the notice.

(5) Where–

(a) proposals are submitted to the Secretary of State accompanied by an environmental statement; or

(b) an environmental statement is provided to the Secretary of State in compliance with a requirement imposed by virtue of paragraph (4) above,

regulations 9 (procedure on receipt of application for consent accompanied by environmental statement; publicity requirements; provision of environmental statements to public) and 10 (provision to Secretary of State of further information and evidence respecting environmental statements) above shall apply in respect of such an environmental statement in the same way as they apply to an application for a consent accompanied by an environmental statement save that references to the application for consent shall be treated as references to the proposals submitted by the licensee or, as the case may be, to the notice served pursuant to paragraph (4) above.

(6) The Secretary of State shall not approve proposals which entail the carrying out of a relevant project comprising a development or exercise any power under a licence to require the carrying out of a relevant project comprising a development where in either case an environmental statement has been submitted to him, unless he is satisfied that the requirements of regulations 9 and 10 above as they apply by virtue of paragraph (5) above have been substantially met and he has taken into account–

(a) the environmental statement;

(b) any information of the kind referred to in regulation 10(2) (information omitted from environmental statement) as that regulation applies by virtue of paragraph (5) above;

(c) the representations of any environmental authority sent a copy of the environmental statement in compliance with the requirements of regulation 9 above as it applies by virtue of paragraph (5) above; and

(d) any opinions expressed by the public.

(7) Where under regulation 12(2) below (request by member State to participate in procedure under the Regulations in relation to relevant project affecting it) any other member State has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to grant an approval or impose a relevant requirement in respect of a relevant project, the Secretary of State shall not grant an approval or impose a relevant requirement 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 met;

(b) he has communicated to that member State the response that he proposes to make to the application for approval or, as the case may be, the relevant requirement he is minded to impose (including in either case information as to any measures envisaged to reduce or eliminate any trans-boundary effects of the project);

(c) he is satisfied that–

(i) the member State has been consulted regarding the application for consent and the arrangements for consulting persons in that member State (including any authorities likely to be interested in the relevant project in question by virtue of their particular environmental responsibilities);

(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

(iii) any timetable agreed with that member State regarding consultation with the persons referred to in sub-sub-paragraph (i) above has been observed; and

(d) he has taken into consideration any representations made by the member State, members of the public and authorities in that member State and any information regarding the relevant project supplied by any of them.

(8) Where, having considered the matters referred to in paragraphs (6) and (7) above, the Secretary of State approves any proposals of the kind referred to in paragraph (1) above or imposes any relevant requirement, he may (to the extent that he has no power to do so apart from this paragraph (8)) attach conditions to that approval or requirement for the purpose of reducing or eliminating any significant adverse effects of the relevant project referred to in those proposals.

(9) The Secretary of State shall publish in the Gazettes–

(a) any decision regarding the approval pursuant to a licence of a project which entails the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State;

(b) particulars of the exercise by the Secretary of State of any powers pursuant to a licence requiring the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State; or

(c) any decision that an environmental statement is not to be required in connection with the giving of an approval or the imposition of a relevant requirement.

(10) Upon the publication in the Gazettes referred to in paragraph (9) above, the Secretary of State shall inform any EEA State which has, pursuant to regulation 12 below (projects affecting other States), been provided with a copy of the environmental statement, of the approval of the proposals or, as the case may be, of the imposition of the relevant requirement.