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

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Greenhouse Gas Emissions Trading Scheme Regulations 2005

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8.  In regulation 2(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2005(1)—

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

“offshore installation” means—

(a)

an offshore petroleum installation; or

(b)

an offshore storage or unloading installation;;

(b)after that definition, insert—

“offshore petroleum installation” means an installation which is—

(a)

used for purposes connected with the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998); and

(b)

is, or will be, situated in the area (together with places above and below it) comprising—

(i)

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

(ii)

the United Kingdom territorial sea apart from those areas comprised in any controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974(2); and

(iii)

those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(3);; and

(c)after the definition of “Offshore Regulations” insert—

“offshore storage or unloading installation” means an installation which is—

(a)

used for purposes connected with an activity within section 2(3) or section 17(2) of the Energy Act 2008; and

(b)

is, or will be, situated in the area (together with places above and below it) comprising—

(i)

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

(ii)

the United Kingdom territorial sea, other than the territorial sea adjacent to Scotland or Wales; and

(iii)

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

(2)

1974 c. 40; section 30A was substituted (in relation to Scotland) by section 169 of, and paragraph 4 of Schedule 23 to, the Water Act 1989.

(3)

1964 c. 29; section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), section 37 and Schedule 3, paragraph 1.

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