The Offshore Chemicals (Amendment) Regulations 2011

Amendment of the 2002 Regulations

4.  In regulation 2 (interpretation)—

(a) for the definition of “discharge” substitute—

““discharge”, in relation to an offshore chemical, means any intentional emission of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;”;

(b) after the definition of “discharge” insert—

““enforcement notice” means a notice served under regulation 16A(1) or (1A);”;

(c) after the definition of “the Gazettes” insert—

““installation” includes any floating structure or device maintained on a station by whatever means;”;

(d) in the definition of “offshore chemical”, omit “intentionally” and after “used” insert “, or intended to be used,”;

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

““offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, offshore petroleum activities or offshore storage and unloading activities;”;

(f) after the definition of “permit application”, insert—

““permit holder” means the holder from time to time of a permit;”

(g) omit the definition of “pipeline”;

(h) after the definition of “prescribed date”, insert—

““prohibition notice” means a notice served under regulation 16B(1);

“release”, in relation to an offshore chemical, means the emission (other than by way of discharge) of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;”;

(i) in the definition of “relevant area”—

(i) in sub-paragraph (a) omit “and Wales”;

(ii) in sub-paragraph (b) after “Scottish controlled waters” insert “and Welsh controlled waters”;

(j) for the definition of “use” substitute—

““use”, in relation to an offshore chemical, means any intentional application of the chemical in the carrying out of offshore activities under normal operating conditions;

“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991(1).”;

(k) for paragraph (2) substitute—

“(2) In these Regulations, in relation to an offshore storage or unloading activity—

(a) any reference to the use, discharge or release of an offshore chemical is to be read as a reference to its use in, or discharge or release into, the reserved area;

(b) any reference to pollution is to be read as a reference to pollution introduced into the reserved area.”

(1)

1991 c.57.