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

Amendment of regulation 3 (interpretation) U.K.

4.  In regulation 3(1)—

(a) after the definition of “the 1998 Act”, insert—

““the 2008 Act” means the Energy Act 2008(1);”;

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

““appropriate particulars” means the name and address of the undertaker and a description of the relevant project which—

(a)

includes—

(i)

the physical characteristics of the whole project, and where relevant, of demolition works;

(ii)

the location of the project with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the project;

(iii)

the aspects of the environment likely to be significantly affected by the project;

(iv)

any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

(aa)

the expected residues and emissions and the production of waste, where relevant; and

(bb)

the use of natural resources, in particular soil, land, water and biodiversity;

(b)

takes into account the matters set out in Schedule 1 (matters to be taken into account in deciding whether relevant project likely to have a significant effect on the environment) and, where relevant, the results of other assessments of the effects on the environment carried out pursuant to EU legislation other than the Directive; and

(c)

may also include any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;”;

(c) after the definition of “business day”, insert—

““combustible gas” means gas within the meaning of section 2(4) of the 2008 Act;”;

(d) in the definition of “consent”—

(i) at the end of paragraph (b)(iv), omit “or”;

(ii) in paragraph (b)(v), after “petroleum”, insert “carbon dioxide or combustible gas”;

(iii) after paragraph (b)(v), insert—

“or

(vi) any consent required by or under a licence to the carrying on of a storage or unloading activity;”;

(iv) in paragraph (c), after “petroleum”, insert “, carbon dioxide or combustible gas”;

(v) for paragraph (d), substitute—

“(d) in relation to any relevant project comprising the use of a mobile installation for—

(i) the extraction of petroleum where the principle purpose of the extraction is the testing of any well; or

(ii) the purpose of carrying out test injections of carbon dioxide or combustible gas ,

any consent required under regulation 4(4)(b) or (c),”;

(e) for the definition of “development”, substitute—

““development” means—

(a)

any project which has as its main object the getting of petroleum as opposed to the establishment of its existence, the appraisal of its quantity, characteristics or quality or the characteristics or extent of any reservoir in which it occurs; or

(b)

any project which has as its main object a storage or unloading activity;”;

(f) for the definition of “the Directive”, substitute—

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

(g) for the definition of “environmental statement”, substitute—

““environmental impact assessment” shall be interpreted in accordance with regulation 3A;

“environmental statement” has the meaning set out in regulation 3B (environmental statement);”;

(h) in the definition of “gas”, for “definition of petroleum below”, substitute “definitions of “combustible gas” and “petroleum””;

(i) for the definition of “licence”, substitute—

““licence” means—

(a)

a licence granted or having effect as if granted under section 3 of the 1998 Act (licences to search and bore for and get petroleum); or

(b)

a licence granted under section 4 or section 18 of the 2008 Act;

and “licensee” shall be construed accordingly.;”;

(j) after the definition of “petroleum”, insert—

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

(k) in the definition of “relevant project”—

(i) in paragraph (c), after “petroleum” insert “, carbon dioxide or combustible gas”; and

(ii) at the end of paragraph (c), omit “or” and after paragraph (d) insert—

“; or

(e) the use of a mobile installation for the purposes of carrying out test injections of carbon dioxide or combustible gas,”;

(l) after the definition of “relevant requirement”, insert—

““storage or unloading activity” means any activity within—

(a)

section 2(3)(a) to (d) of the 2008 Act; or

(b)

section 17(2)(a) or (b) of the 2008 Act;”;

(m) for the definition of “structure”, substitute—

““structure” means any structure which is intended to be permanent and is not designed to be moved from place to place without major dismantling and is used for, or, as the case may be, to be used for the purpose of—

(a)

getting petroleum or conveying petroleum to land (including any structure for the storage of petroleum) but is not to be used only for searching for petroleum; or

(b)

a storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land;”;

(n) for the definition of “well”, substitute—

““well” means any well or borehole drilled for the purposes of, or in connection with—

(a)

the getting of petroleum, the exploration for petroleum or the establishment of the existence of, or appraisal of, the quantity, characteristics or quality of, petroleum in a particular location; or

(b)

activities within section 2(3) or section 17(2) of the 2008 Act,

but does not include any well drilled to a depth of 350 metres or less below the surface of the seabed for the purpose of obtaining geological information about strata or any drilling operation, the main purpose of which is the testing of the stability of the seabed. .”.

Commencement Information

I1 Reg. 4 in force at 16.5.2017, see reg. 1

(1)

2008 c.32. Section 4 and section 18 were amended by the Energy Act 2016 (c. 20) section 2, Schedule 1, Part 1, paragraphs 41, 42 and 53, and section 18 was amended by SI 2011/2453, SI 2016/920 and by SSI 2011/224.