The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify the time at, or after which, protected material (as defined in section 62(1) of the Energy Act 2016 (c. 20)) which has been obtained by the Oil and Gas Authority under Chapter 3 of Part 2 of that Act (offshore petroleum-related information and samples) may be published (or otherwise made available) by it or a subsequent holder. Regulations 2 and 3 set out how the Regulations apply. Material falling within regulations 5 to 7 is only subject to the Regulations if the end of the calendar year in which the information was acquired or created (by or on behalf of an offshore licensee, as defined in section 18(1) of the Energy Act 2016) occurs after the commencement of the Regulations (regulation 2(a)). Material falling within regulations 8 to 21 is subject to the Regulations where the event which under the Regulations determines the time at, or after which, the material may be published occurs after the commencement of the Regulations (regulation 2(b)). Where the determination of an offshore licence (as defined in section 18(1) of the Energy Act 2016) determines when protected material may be published under these Regulations and the determination relates to only part of the area in respect of which the licence was granted, only material relating to that part may be published unless that is the only area in respect of which the licence continued to have effect (regulation 3).

Regulations 5 to 7 specify the time at, or after which, it is permissible to publish information relating to geological surveys conducted by or on behalf of offshore licensees. Regulations 8 and 9 specify the time at, or after which, it is permissible to publish information relating to the drilling or operation of a well under an offshore licence. Regulations 10 and 11 specify the time at, or after which, it is permissible to publish information relating to petroleum production, such as the quantities and chemical composition of petroleum. Regulations 12 to 15 specify the time at, or after which, it is permissible to publish computerised models of the subsurface or reservoirs, the dates during which production is undertaken, any description of substances which may affect production or transportation of petroleum, information relating to the geotechnical engineering or analysis required to erect the installations or other structures needed for production and any other information relating to the composition of the sub-surface or the presence of petroleum. Regulation 16 specifies the time at, or after which, it is permissible to make available samples acquired or created when drilling or producing from a well. Regulations 17 to 21 specify the time at, or after which, it is permissible to publish information relating to pipelines, relevant offshore installations and relevant upstream petroleum infrastructure.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is published alongside these Regulations at www.legislation.gov.uk and is also available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET.