The Petroleum Licensing (Applications) Regulations 2015

Regulation 2

SCHEDULE 1 Lines dividing Landward Areas from Seaward Areas

1.  Except as provided by paragraphs 2 to 6, the lines dividing—

(a) the mainland of Great Britain and Northern Ireland and adjacent islands (other than the Orkney and Shetland Islands) and the waters adjacent to the mainland and such islands, to be treated for the purposes of these Regulations as landward areas, from

(b) the islands and waters to be treated for such purposes as seaward areas,

is the low water line along the coast of the mainland of Great Britain and Northern Ireland, the Isle of Wight, Anglesey and Holy Island.

2.  The lines dividing landward areas from seaward areas at the estuaries, rivers, harbours, bays and other places specified in the second column of Table 1 of this Schedule are straight lines drawn between the pairs of points identified by the map references respectively specified in the third column of that Table, each such point being a point situated on the low water line on or adjacent to the feature named in the fourth column of that Table.

3.  The lines dividing landward areas from seaward areas between Cape Wrath and the Mull of Kintyre are a series of straight lines drawn so as to join successively, in the order in which they are there set out, the points identified by the map references specified in the second column of Table 2 of this Schedule, each such point being a point situated on the low water line on or adjacent to the feature, if any, named in the third column of that Table.

4.  The lines dividing landward areas from seaward areas in the vicinity of the Pentland Firth and the Orkney Islands are—

(a) a straight line drawn from the map reference point ND 310753, being a point situated on the low water line on or adjacent to the feature known as St John’s Point, to the map reference point ND 289809;

(b) from the map reference point ND 289809, a line running clockwise parallel with, and three nautical miles seaward of, the baselines from which the breadth of the territorial sea adjacent to the Orkney Islands is measured to the map reference point ND 459711; and

(c) from the map reference point ND 459711, a straight line to the map reference point ND 407734, being a point situated on the low water line on or adjacent to the feature known as Duncansby Head.

5.  The lines dividing landward areas from seaward areas at the bays and harbour specified in the second column of Table 3 of this Schedule are straight lines drawn between the points identified by the map references specified in the third column of that Table, each such point being a point situated on the low water line on or adjacent to the feature named in the fourth column of that Table.

6.  Subject to the provisions of the paragraphs 2 to 5, the lines dividing landward areas from seaward areas at the mouths of rivers or estuaries are straight lines joining the points on the low water lines at either side of each such mouth.

7.  The line dividing the Shetland Islands and the waters adjacent to those Islands, to be treated for the purposes of these Regulations as landward areas, from the areas to be treated for such purposes as seaward areas, is—

(a) a line parallel with, and

(b) three nautical miles seaward of,

the baselines from which the breadth of the territorial sea adjacent to those Islands is measured, except that Foula and Fair Isle and the waters adjacent to them are to be treated as seaward areas.

8.  In this Schedule—

(a) “low water line” means the line so marked on the Ordnance Survey maps on a scale of 1:25,000 in the case of maps relating to Great Britain, and 1:50,000 in the case of maps relating to Northern Ireland, in the edition for the areas to which they respectively relate last published prior to the date on which these Regulations are made,

(b) any reference to a map reference point is a reference to a point having that map reference on the National Grid for those Ordnance Survey maps, and

(c) “nautical miles” means international nautical miles of 1,852 metres.

Table 1

Points at Mouths of Specified Estuaries and Other Indentations of the Coast

	Name of estuary or other indentation	National grid reference	Name of feature
1	Firth of Clyde	NR 716074	Cove Point
		NR 718046	Sanda Island (Black Point)
		NR 725037	Sanda Island Lighthouse
		NW 962695	Laggan Hill
2	Wigtown Bay	NX 494464	Eggerness Point
		NX 546513	Ringdoo Point
3	Solway Firth	NX 653432	Fox Craig (Meikle Ross)
		NX 943134	St Bees Head
4	Duddon Sands	SD 130763	Haverigg Point
		SD 168685	Mill Scar
5	Morecambe Bay	SD 220612	Hilpsford Point
		SD 304490	Rossall Point
6	River Ribble	SD 286250	Salter’s Bank
		SD 300202	Horse Bank
7	Liverpool Bay	SD 262052	Formby Point
		SJ 131855	Point of Ayr
8	Beaumaris Bay	SH 744786	Penmaenbach Point
		SH 641815	Trwyn Du
9	Holyhead Harbour	SH 281849	Twyn Cliperau
		SH 257847	Breakwater Head
10	Cymyran Bay	SH 294750	Traeth Llydan
		SH 297748	Traeth Cymyran
11	Llanddwyn Bay	SH 386623	Llanddwyn Island
		SH 429585	Morfa Dinlleu
12	Milford Haven	SM 819036	West Blockhouse Point
		SM 840027	Rat Island
13	Carmarthen Bay	SN 309062	Laugharne Sands
		SS 397926	Burry Holms
14	Bristol Channel	ST 311806	West Usk Lighthouse
		ST 303627	Birnbeck Island
15	Padstow Bay	SW 925784	Shag Rock
		SW 915785	Stepper Point
16	Falmouth Harbour	SW 827315	Pendennis Point
		SW 845311	St Anthony Head
17	Plymouth Sound	SX 443486	Penlee Point
		SX 490486	Renney Rocks
18	Salcombe River	SX 725359	Bolt Head
		SX 766355	Gammon Head
19	Solent (west side)	SZ 319897	Hurst Castle
		SZ 292849	Needles Point
20	Solent (east side)	SZ 663876	Foreland
		SZ 684990	Fort Cumberland (Eastney Point)
21	Thames Estuary	TR 227694	Reculver
		TM 174142	Clacton-on-Sea
22	Harwich Harbour	TM 268244	The Naze
		TM 283311	Landguard Point
23	The Wash	TF 701452	Gore Point
		TF 565571	Gibraltar Point
24	River Humber	TA 374048	Northcoates Point
		TA 397104	Spurn Head
25	Holy Island Harbour (Lindisfarne)	NU 137403	Parton Shiel
		NU 141415	Castle Point
26	Firth of Forth	NT 496864	Eyebroughy
		NT 496993	Elie Ness
27	Firth of Tay	NO 538159	Kinkell Ness
		NO 546302	Buddon Ness
28	Moray Firth	NH 807587	Whiteness Head
		NH 812670	Sutors Stacks
		NH 812670	Sutors Stacks
		NH 813686	North Sutor
29	Dornoch Firth	NH 815857	Whiteness
		NH 809871	Dornoch Point
30	Tongue Bay	NC 641638	Port an-t Strathain
		NC 572663	Geodh’ an Fhuarain
31	Loch Eriboll	NC 502687	Whiten Head
		NC 392719	Faraid Head
32	Kyle of Durness	NC 392719	Faraid Head
		NC 349717	A’Ghoil

Table 2

Points Between Cape Wrath and the Mull of Kintyre

	National Grid Reference	Name of feature
1	NC 257748	Cape Wrath
2	NB 519669	Lith Sgeir
3	NB 472634	Dell Rock
4	NB 186451	Tiumpan
5	NB 142442	Mas Sgeir
6	NB 115435	Stac nam Balg
7	NB 048399	Sgeir Gallan
8	NB 036382	Gallan Beag
9	NA 993324	Eilean Molach
10	NA 873118	Gasker
11	NB 594809	Haskeir Eagach
12	NF 572646	Huskeiran
13	NF 707301	Rudha Ardvule
14	NF 646049	Greian Head
15	NL 620988	—
16	NL 614979	Ard a’ Chaolais
17	NL 606963	Biruaslum
18	NL 549843	Guarsay Mor
19	NL 542819	Sron an Duin
20	NL 546803	Skate Point
21	NL 840262	Skerryvore
22	NM 121031	Dubh Artach
23	NR 151538	Frenchman’s Rocks
24	NR 162510	An Coire
25	NR 268414	Mull of Oa
26	NR 589071	Mull of Kintyre

Table 3

Points at Mouths of Specified Indentations of the Coast of Northern Ireland

	Name of indentation	National Grid Reference	Name of feature
1	Larne Lough	D 398051	Devil’s Churn
		D 436036	Skernagham Point
2	Belfast Lough	J 487934	Black Head
		J 602862	Mew Island
		J 601856	Mew Island
		J 599837	Copeland Island
		J 598828	Copeland Island
		J 587813	Foreland Point
3	Strangford Lough	J 624450	Ballyquintin Point
		J 612435	Killard Point
4	Dundrum Harbour	J 422340	Ballykinler
		J 417339	Murlough

Regulation 4(2), (3)

SCHEDULE 2 Information and supporting documentation required for an application for a petroleum exploration and development licence or a seaward area production licence

1.  Name of each applicant in full.

2.  If the application is made by more than one person, and the applicants have agreed on the manner in which the benefits resulting from the exploitation of the licence should be shared between them, the share each applicant would be entitled to take.

3.  Except in the case of an application for a promote licence, the name of the proposed operator.

4.  The reference number of each block in respect of which the application is made and if the application is made by tender, the consideration by way of initial payment which the applicant is prepared to offer for each such block.

5.  An analysis of the geology of the area to which the application relates, identifying, in particular—

(a) petroleum prospects, and

(b) a description of the technical data on which this analysis is based.

6.  Either—

(a) the work programme for evaluating the potential petroleum production from the area to which the application relates which the applicant proposes to undertake under the licence applied for; or

(b) a description of any evaluation of the potential petroleum production from the area to which the application relates that has previously been undertaken, if no further evaluation is proposed to be undertaken under the licence,

except in a case where the Secretary of State indicates this is not required.

7.  Where applicable—

(a) evidence of the operator’s technical competence and capacity to undertake the work programme mentioned in paragraph 6(a), and

(b) an explanation of the way in which the work programme takes account of the analysis of geology mentioned in paragraph 5.

8.  In respect of each applicant—

(a) where the applicant is a body corporate—

(aa) its place of incorporation;

(bb) its registration number at Companies House or other appropriate registration number or identifier, or if it is registered in another jurisdiction, its registration number or other identifier from that jurisdiction;

(b) where the applicant is an individual, the applicant’s usual residential address, otherwise—

(aa) the address of the applicant’s registered office; or

(bb) if the applicant does not have a registered office the address of the applicant’s principal place of business in the United Kingdom; and if the applicant does not have a principal place of business in the United Kingdom, the address of the applicant’s principal place of business;

(c) the place from which—

(i) the applicant’s operations under the licence, or

(ii) any commercial activities in connection with those operations,

will be directed and controlled;

(d) where the applicant is a business, a copy of—

(i) the most recent audited accounts; and

(ii) where the applicant is also a body corporate, the most recent audited accounts of any body corporate having control of the applicant,

but if—

(aa) the most recent audited accounts are in respect of a period ending on a date more than twelve months before the date of the application, a copy of a balance sheet showing the state of the body corporate’s affairs as at the latest date within that twelve months period in respect of which a balance sheet can be made available must be supplied, or

(bb) there are not yet any audited accounts, a copy of a balance sheet showing the state of the body corporate’s affairs at the date of the licence application must be supplied.

9.  For the purposes of paragraph 8(d)(ii), whether a body corporate has control of another body corporate is determined as if sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010(1) applied subject to the following modifications—

(a) for the words “the greater part” wherever they occur in section 450(3) there were substituted the words “one-third or more”;

(b) in section 451(4), for the word “may”, there were substituted the word “must”; and

(c) in section 451(4) and (5) any reference to an associate of a person is construed as including only a relative of that person (as defined by section 448(2) of the Corporation Tax Act 2010), a partner of that person and a trustee of a settlement (as defined by section 620 of the Income Tax (Trading and Other Income) Act 2005(2)) of which that person is a beneficiary.

Regulation 4(3)

SCHEDULE 3 Additional information and supporting documentation required for an application for a seaward area production licence

1.  Except where the licence applied for is a promote licence, evidence that the applicant will be able to meet the costs of any damage which may be caused by the release or escape of petroleum through drilling or production operations, including, where appropriate, evidence that the proposed operator is a member of the Offshore Pollution Liability Association Limited, or any body which may after the date upon which these Regulations come into force assume responsibility for the functions currently carried out by the Offshore Pollution Liability Association Limited.

2.  A statement of the general environmental policy of the proposed operator in respect of activities licensed in seaward areas by the Secretary of State in accordance with section 3 of the Petroleum Act 1998(3) together with a summary of—

(a) its management systems for the implementation of that policy, and

(b) where applicable, how those management systems will be applied to the work programme provided in accordance with paragraph 6(a) of Schedule 2.

(1)

2010 c. 4.

(2)

2005 c. 5, amended by paragraph 552 of Schedule 1 to the Income Tax Act 2007 (c. 3) and S.I. 2012/964.

(3)

1998 c. 17.