The Borehole Sites and Operations Regulations 1995

Notice of the commencement of drilling operations and the abandonment of boreholes

6.—(1) In the case of petroleum, the operator of a borehole site shall ensure that no drilling operation, abandonment operation or other operation on a well which would make a significant alteration to it, or involve a risk of the accidental release of fluids from the well or reservoir, is commenced at that site unless he has notified to the Executive the particulars specified in Part I of Schedule 1 at least 21 days in advance, or such shorter time in advance as the Executive may agree.

(2) The operator of a borehole site at which a borehole is intended to be drilled with a view to the extraction of minerals by mining shall not commence drilling such borehole unless he has notified to the Executive the particulars specified in Part II of Schedule 1 at least 21 days in advance, or such shorter time in advance as the Executive may agree.

(3) Where a borehole (not being a borehole to which paragraph (1) or (2) relates) is being drilled within a mining area to a depth of 30 metres or more, the person entitled to drill the borehole, within 30 days after the commencement of its drilling, shall notify to the Executive the particulars specified in Part III of Schedule 1.

(4) The operator of a borehole site at which a borehole, drilled with a view to the extraction of minerals by mining, is being abandoned shall, within 21 days after the commencement of its abandonment, notify to the Executive the particulars specified in Part IV of Schedule 1.

(5) The operator of a borehole site or, in the case of particulars previously notified under paragraph (3), the person entitled to drill the borehole shall ensure that the Executive is notified as soon as reasonably practicable of any material change of circumstances which would affect particulars previously notified under paragraph (1), (2), (3) or (4).

(6) Where, in pursuance of this regulation, plans and other documents have been sent to the Executive they shall be retained by the Executive or in accordance with arrangements approved by the Executive.

(7) In paragraph (1) “petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

(8) Subject to paragraph (9) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, borehole, borehole site, or class of persons, boreholes or borehole sites from any requirement or prohibition imposed by the preceding provisions of this regulation and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.

(9) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.