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

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Exercise by [F1OGA] of powers under licencesU.K.

11.—[F2(1) Where the OGA exercises any powers under a licence so as to require a licensee to submit to it for its approval any proposals for the carrying out of a relevant project comprising a development then, subject to paragraph (2) below, the licensee shall submit an environmental statement to the Secretary of State.]

(2) [F3An environmental statement need not be submitted under paragraph (1) above where—]

[F4(a)the licensee has submitted the appropriate particulars to the Secretary of State in respect of the development referred to in the proposals the licensee has submitted to the OGA; 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 [F5EEA 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 [F6OGA] 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 [F7the Secretary of State’s] 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, [F8the Secretary of State] is not satisfied is not likely to have a significant effect on the environment,

[F9the Secretary of State] shall serve a notice on the licensee setting out details of the relevant project which [F10the OGA] proposes that the licensee should be required to carry out and requiring the licensee to provide [F11the Secretary of State] with an environmental statement in respect of that project within such time as may be specified in the notice.

(5) Where–

[F12(a)an environmental statement is submitted to the Secretary of State in compliance with paragraph (1) above; 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.

[F13(5A) The OGA 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 without the agreement of the Secretary of State.]

[F14(6) The Secretary of State shall not make a decision under paragraph (8A)(c) unless the Secretary of State is satisfied that the requirements of regulations 9 and 10, as they apply by virtue of paragraph (5), have been substantially met and that, where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the environmental statement.]

(7) Where under regulation 12(2) below (request by [F15EEA State] to participate in procedure under the Regulations in relation to relevant project affecting it) any F16... [F15EEA State] has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to [F17agree to the grant of] approval or [F18the imposition of] a relevant requirement in respect of a relevant project, the Secretary of State shall not [F19make a decision under paragraph (8A)] 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 [F15EEA State] the response that he proposes to make F20... (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 [F15EEA State] has been consulted regarding the application for consent and the arrangements for consulting persons in that [F15EEA 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 [F15EEA 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 [F15EEA State], members of the public and authorities in that [F15EEA State] and any information regarding the relevant project supplied by any of them [F21and in respect of those members of the public, the Secretary of State is satisfied that they have had at least 30 days to consider the environmental statement.]

(8) Where, having considered the matters referred to in paragraphs (6) and (7) above, the Secretary of State [F22makes a decision to give agreement under paragraph (8A)(c)], he may (to the extent that he has no power to do so apart from this paragraph (8)) attach conditions to that [F23agreement] for the purpose of reducing or eliminating any significant adverse effects of the relevant project F24....

[F25(8A) When making a decision as to whether to agree to proposals which entail the carrying out of a relevant project comprising a development or to the exercise of 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, the Secretary of State shall—

(a)examine the environmental statement, including any further information provided under regulation 10, any representations made by any person required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the project;

(b)reach a reasoned conclusion on the significant effects of the project on the environment, taking into account the examination referred to in sub-paragraph (a); and

(c)integrate that conclusion into the decision as to whether agreement is to be given.

(8B) If a decision is made to give agreement under paragraph (8A)(c), the decision shall set out—

(a)any environmental conditions attached to the decision;

(b)a description of any features of the relevant project or measures to be taken to avoid, prevent or reduce, and if possible, offset any significant adverse effects on the environment of the relevant project; and

(c)any measures to monitor conditions imposed to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment (“a monitoring condition”);

(8C) If a decision is made to refuse agreement under paragraph (8A)(c), the decision shall state the main reasons for the refusal.

(8D) The reasoned conclusion referred to in paragraph (8A)(b) shall be up to date at the time that the decision referred to in paragraph (8A)(c) is made, but that conclusion shall be taken to be up to date if, in the opinion of the Secretary of State, it continues to address the significant effects that are likely to arise as a result of the relevant project.

(8E) When considering whether to impose a monitoring condition referred to in paragraph (8B)(c), the Secretary of State shall—

(a)consider whether to make provision for potential remedial action;

(b)consider whether there are appropriate existing monitoring arrangements under [F26the law of any part of the United Kingdom other than any law that implemented the Directive] to make the imposition of a monitoring condition unnecessary; and

(c)take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the relevant project and the significance of its effects on the environment.

(8F) The decision of the Secretary of State referred to in paragraph (8A)(c) must be made within a reasonable period of time, taking into account the nature and complexity of the relevant project, from the date on which the Secretary of State has been provided with the information and representations referred to in paragraph (8A)(a).]

[F27(9) The Secretary of State shall promptly publish the relevant matters in the Gazettes and on a public website and shall send a copy of the relevant matters to those authorities specified in the notice served under regulation 9(1) as it applies by virtue of paragraph(5).]

[F28(9A) For the purposes of paragraph (9), the “relevant matters” means—

(a)a decision referred to in paragraph (2) or in paragraph (8A)(c); and

(b)a notice setting out—

(i)the contents of the decision referred to in sub-paragraph (a);

(ii)the main reasons and considerations on which the decision is based;

(iii)a summary of all representations made to the Secretary of State by any person in respect of the relevant project, if any, including, where regulation 12 applies, any representations made by an EEA State affected by the relevant project, the public concerned or authorities in that state, together with details of how those representations were taken into account;

and the notice shall specify where details of these matters may be obtained, including the address of the public website on which the notice is published.]

(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.

Textual Amendments

F1Word in reg. 11 heading substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(a)

F2Reg. 11(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(b)

F3Words in reg. 11(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(c)(i)

F4Reg. 11(2)(a) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(c)(ii)

F5Words in reg. 11(2)(b)(iii) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 14(a) (with reg. 23)

F6Word in reg. 11(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(i)

F7Words in reg. 11(4)(a) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(ii)

F8Words in reg. 11(4)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(iii)

F9Words in reg. 11(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(iv)(aa)

F10Words in reg. 11(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(iv)(bb)

F11Words in reg. 11(4) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(7)(d)(iv)(cc)