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

Offshore Chemicals Regulations 2002

6.—(1) In regulation 2 of the Offshore Chemicals Regulations 2002(1)—

(a) for the definition of “offshore activities”, substitute—

““offshore activities” means—

(a)

offshore petroleum activities; or

(b)

offshore storage or unloading activities;”;

(b) for the definition of “offshore installation” substitute—

““offshore installation” means any structure or other thing (including any floating production storage and off-loading system or floating storage unit, but not including a ship) which—

(a)

is in the relevant area and is used for the purposes of, or in connection with, offshore petroleum activities; or

(b)

is in the reserved area and is used for the purposes of, or in connection with, offshore storage or unloading activities;”;

(c) after the definition of “offshore installation” insert—

““offshore petroleum activities”—

(a)

means any activities in respect of which the Secretary of State exercises functions under the Petroleum Act 1998(2), being activities carried out in the relevant area; but

(b)

does not include activities (“decommissioning activities”) carried out in connection with the abandonment of an offshore installation that, at the time of that abandonment, had last been used for the purposes of or in connection with offshore storage or unloading activities, unless those decommissioning activities are carried out in the reserved area;

“offshore storage or unloading activities” means any activities in respect of which the Secretary of State exercises functions under Part 1 of the Energy Act 2008, being activities carried out in the reserved area;”; and

(d) after the definition of “relevant project” insert—

““reserved area” means the area (together with the places above and below it) comprising—

(a)

those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;

(b)

so much of the United Kingdom territorial sea as is adjacent to England or Northern Ireland; and

(c)

those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of the Energy Act 2008);”.

(2) After that regulation 2 (which becomes regulation 2(1)) insert—

“(2) In these Regulations, any reference to the use or discharge of an offshore chemical in the relevant area is to be read, in relation to an offshore storage or unloading activity, as a reference to its use or discharge in the reserved area.”.

(1)

S.I. 2002/1355, amended by S.I. 2005/2055.

(2)

1998 c. 17.