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

Regulations 5(2), 6(3) and 11

SCHEDULE 1 MATTERS TO BE TAKEN INTO ACCOUNT IN DECIDING WHETHER RELEVANT PROJECT LIKELY TO HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT

Characteristics of projects

1.  The characteristics of projects having regard, in particular, to–

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste, pollution and nuisances; and

(e) the risk of accidents, having regard in particular to substances or technologies used.

Location of projects

2.  The environmental sensitivity of geographical areas likely to be affected by projects having regard, in particular, to–

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas–

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under member States' legislation;

(vi) special protection areas designated by member States pursuant to Directive 79/409/EEC(1) and 92/43/EEC(2);

(vii) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(viii) densely populated areas; and

(ix) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of projects in relation to criteria set out under 1 and 2 above, and having regard in particular to–

(a) the extent of the impact (geographical area and size of the affected population);

(b) the trans-frontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.

Regulation 3

SCHEDULE 2 CONTENTS OF ENVIRONMENTAL STATEMENTS

(a)

A description of the project comprising information on the site, design and size of the project and where relevant to the particular characteristics of the project or the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the information having regard to current knowledge and methods of assessment, such a description shall include–

(i)

the land and seabed use requirements during the construction and operational phases;

(ii)

a description of the main characteristics of the production processes including the nature and quantity of the materials used; and

(iii)

an estimate by type and quantity of the expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed project;

(b)

a description of the measures envisaged in order to avoid, reduce and, if possible remedy significant adverse effects on the environment;

(c)

the data required to identify and assess the main effects which the project is likely to have on the environment and where relevant to the particular characteristics of the project or the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the data having regard to current knowledge and methods of assessment such data shall include–

(i)

a description of specific aspects of the environment likely to be significantly affected including in particular human population, fauna, flora, soil including the seabed and its subsoil, water including the sea and any aquifers under the seabed, air, climatic factors, the landscape or the seascape, tangible property, architectural and archaeological heritage and the interaction between any of the foregoing; and

(ii)

a description of the likely significant effects on the environment arising from the existence of the project, the use of natural resources, the emission of pollutants, the creation of nuisances and the elimination of waste together with details of the forecasting methods used to assess the effects on the environment;

(d)

an outline of the main alternatives (if any) studied by the undertaker and an indication of the main reasons for his choice, taking into account the environmental effects;

(e)

a non-technical summary of the information provided under the above headings; and

(f)

where relevant to the particular characteristics of the project and the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the information having regard to current knowledge and methods of assessment, an indication of any difficulties (technical difficulties or lack of know-how) encountered by the undertaker in compiling the required information.

(1)

O.J. No. L103, 25.4.1979, p.1.

(2)

O.J. No. L206, 22.7.1992, p.7.