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The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

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

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2.—(1) The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999(1) (“the Regulations”) have effect with the following modifications.

(2) In regulation 3(1) any reference to the conveyance of petroleum includes a reference to the conveyance of—

(a)carbon dioxide; or

(b)combustible gas.

(3) For the purposes of regulation 3(1)—

(a)“consent”—

(i)in relation to a relevant project comprising a development, includes any consent required by or under a licence to the carrying on of a storage or unloading activity; and

(ii)in relation to a relevant project as mentioned in sub-paragraph (d) below, includes any consent required under regulation 4(4)(b) as modified by paragraph (5) below;

(b)“development” includes any project which has as its main object a storage or unloading activity;

(c)“licence” includes an Energy Act licence;

(d)“relevant project” includes the use of a mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas;

(e)“structure” includes any structure which is—

(i)used for or, as the case may be, to be used for the purpose of a storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land,

(ii)intended to be permanent, and

(iii)not designed to be moved from place to place without major dismantling; and

(f)in the definition of “well”, the matters for the purposes of which, or in connection with which, the well or borehole is drilled include activities within section 2(3) or section 17(2); and the proviso in that definition applies to wells drilled for the purposes of activities within section 2(3)(e) or section 17(2)(c) as it applies to wells drilled in connection with the exploration for petroleum.

(4) Regulation 4(2) also applies to the carrying on of any storage or unloading activity wholly or partly in the relevant area.

(5) The requirement for prior written consent under regulation 4(4)(b) also applies to the use of any mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas.

(6) Regulation 5(2A) applies to an application for a renewal of a consent to the carrying on of a storage or unloading activity as it applies to an application for a renewal of a consent to the getting of petroleum (other than as the by-product of the drilling or testing of a well).

(7) For the purposes of regulation 6(2)(b) and (5), the consents falling within regulation 6(5)(a) to (d) include any consent to—

(a)the carrying on of a storage or unloading activity; or

(b)the erection of any structure in relation to a project which has as its main object a storage or unloading activity.

(8) In respect of the Regulations as so modified—

(a)in regulations 6 to 8, any reference to an environmental statement is to an environmental statement prepared for the purposes of the Regulations; and

(b)in regulation 12, any reference to a relevant project is to a relevant project in respect of which such an environmental statement is required to be prepared.

(9) In this article—

(a)“combustible gas “ means gas within the meaning of section 2(4); and

(b)“storage or unloading activity” means any activity within—

(i)section 2(3)(a) to (d), or

(ii)section 17(2)(a) or (b).

(1)

S.I. 1999/360, amended by S.I. 2007/933.

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