Draft Regulations laid before Parliament under section 2(8) and (9)(d) of the Pollution Prevention and Control Act 1999, for approval by resolution of each House of Parliament.
2010 No. 0000
The Offshore Chemicals (Amendment) Regulations 2010
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1) to (3) and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 19991.
The Secretary of State has consulted the persons required to be consulted by section 2(4) of that Act.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 2(8) and (9)(d) of that Act.
Citation and commencement1
These Regulations may be cited as the Offshore Chemicals (Amendment) Regulations 2010 and come into force on the day after the day on which they are made.
Interpretation2
In these Regulations, “the 2002 Regulations” means the Offshore Chemicals Regulations 20022.
Amendment of the 2002 Regulations
3
The 2002 Regulations are amended as follows.
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
in the definition of “offshore chemical”, omit “intentionally” and after “used” insert “, or intended to be used,”;
d
for the definition of “offshore installation” substitute—
“offshore installation” means—
- a
any offshore installation within the meaning of section 44 of the Petroleum Act 19983 which is located in the relevant area and used for the purposes of offshore petroleum activities;
- b
any installation which is located in the reserved area and used for the purposes of offshore storage and unloading activities;
e
after the definition of “permit application”, insert—
“permit holder” means the holder from time to time of a permit;
f
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;
g
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”;
h
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 19914.
i
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.
5
In regulation 3 (requirement for permit to use or discharge offshore chemicals)—
a
in paragraph (1) omit “in the relevant area”; and
b
omit paragraph (3).
6
After regulation 3, insert—
Prohibition on the release of offshore chemicals3A
No person shall—
a
release an offshore chemical; or
b
allow such a release to continue.
7
In paragraph (2) of regulation 5 (conditions of permits)—
a
in sub-paragraph (b) for “operator” substitute “permit holder”; and
b
in sub-paragraph (d) for “accidents” substitute “incidents”.
8
In regulation 8 (fees)—
a
in paragraph (1) after “charge” insert “permit applicants, permit holders and”; and
b
in paragraph (2), for sub-paragraphs (a) to (c) substitute—
a
an application for the grant or renewal of a permit;
b
an application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;
c
a request for the Secretary of State’s consent to the transfer of a permit;
ca
the revocation or surrender of a permit;
9
In regulation 10 (application for renewal of an existing permit)—
a
in paragraph (1), for “an operator” substitute “a permit holder”; and
b
in paragraph (3) omit the words from “, provided that she has consulted” to the end.
10
1
In the heading to regulation 11 (variation of permit on application of operator), omit “on application of operator”.
2
In regulation 11—
a
in paragraph (1)—
i
for “An operator”, substitute “A permit holder”;
ii
omit “relating to the use or discharge of an offshore chemical in the relevant area”;
b
in paragraph (2) omit—
i
“by the operator”; and
ii
the words from “provided that she has taken” to the end; and
c
in paragraph (4) for “the change”, substitute “a variation of the terms and conditions as specified in the application”.
11
In regulation 12 (reconsideration of permits and permit conditions)—
a
in paragraph (1) omit “granted in accordance with these Regulations”;
b
in paragraph (3), for “operator concerned” substitute “permit holder”;
c
in paragraph (4), for “operator” substitute “permit holder”; and
d
omit paragraph (7).
12
After regulation 12, insert—
Transfer of permit12A
A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted by the permit, to another person.
13
In regulation 13 (revocation and surrender of permits)—
a
in paragraph (1)—
i
omit “granted pursuant to these Regulations”; and
ii
for “operator in question” substitute “permit holder”; and
b
in paragraph (2) for “An operator to whom a permit has been granted” substitute “A permit holder”.
14
In paragraph (1) of regulation 14 (register to be kept by the Secretary of State) omit “granted under these Regulations”.
15
For paragraph (1) of regulation 15 (provision of information to the Secretary of State) substitute—
1
A person who uses, discharges or releases an offshore chemical shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purposes of performing the Secretary of State’s functions under these Regulations.
1A
The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of—
a
an incident resulting in the use of, or the discharge of, an offshore chemical save in accordance with the terms and conditions attached to a permit;
b
an incident resulting in a release; or
c
any other incident involving an offshore chemical where there has been, or may be, any significant effect on the environment by means of pollution.
16
In regulation 16 (appointment of inspectors)—
a
in paragraphs (1)(b) and (3)(a), for “use or discharge” substitute “use, discharge or release”; and
b
in paragraph 3(j) omit “granted under these Regulations”.
17
In regulation 16A (enforcement notices)—
a
in paragraph (1)—
i
for “operator” substitute “permit holder”; and
ii
omit “in writing (“an enforcement notice”)”.
b
after paragraph (1), insert—
1A
If the Secretary of State is of the opinion that a release, use without a permit or discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 16 may serve on the permit holder or, if there is no permit holder, the operator, a notice which—
a
states that the Secretary of State is of that opinion;
b
specifies the matters which constituted, constitute, or are likely to constitute the release, use or discharge;
c
specifies the remedial steps that must be taken; and
d
specifies the period within which those steps must be taken.
1B
The Secretary of State may serve a notice on the permit holder to vary the period within which remedial steps must be taken under an enforcement notice.
c
for paragraph (2) substitute—
2
The steps that may be specified under paragraphs (1)(c) and (1A)(c) include steps that must be taken to remedy any pollution caused by a contravention, release, use or discharge.
d
in paragraph (5), omit “served under paragraph (1)”; and
e
in paragraph (6), after “paragraph (1)” insert “, (1A)”.
18
In regulation 16B (prohibition notices)—
a
in paragraph (1), for “any use or discharge” to the end, substitute “any use, discharge or release of an offshore chemical, the Secretary of State or an inspector appointed under regulation 16 may serve a notice on the permit holder or, if there is no permit holder, the operator.”;
b
in paragraph (2) after “conditions” insert “of”; and
c
in paragraph (3)—
i
in sub-paragraph (c) omit “and the period within which they must be taken”; and
ii
after sub-paragraph (c)—
aa
omit “and”; and
bb
insert—
ca
may specify the period within which such steps must be taken; and
19
In regulation 17 (appeal to High Court, Court of Session or High Court in Northern Ireland)—
a
in paragraph (1), for “any permit applicant or any operator” substitute “any permit applicant, permit holder or operator”.
b
in paragraph (2)—
i
in each of sub-paragraphs (a), (b) and (c), for “use or discharge” substitute “use, discharge or release”; and
ii
in sub-paragraph (b) omit “(excluding Scottish controlled waters)”; and
c
in paragraph (4)—
i
where “used or discharged” appears for the first and third time, substitute “used, discharged or released”; and
ii
for “paragraphs (2) and (3)” substitute “paragraph (2)”.
20
In regulation 18 (offences)—
a
in paragraph (1)—
i
for sub-paragraph (b) substitute—
b
contravenes regulation 3A;
ii
in sub-paragraph (c) omit “3(3) or”;
iii
in sub-paragraph (d) omit “granted under these Regulations”; and
iv
in sub-paragraph (e)(i) after “permit application” insert “, permit transfer”;
b
after paragraph (2) insert—
2A
A person does not have the defence provided by paragraph (2)(b) if the court is satisfied—
a
that the thing done was not a reasonable step to take in the circumstances; or
b
that it was a reasonable step to take for the purpose mentioned in that paragraph but the necessity of taking that step was due to the fault of the defendant.
c
after paragraph (8) insert—
9
Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.
10
Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
Transitional provision21
1
Sub-paragraph (a)(i) of regulation 20 does not have effect in relation to a contravention which occurred before the coming into force of these Regulations.
2
Sub-paragraph (c) of regulation 20 does not have effect in relation to proceedings which are commenced before the coming into force of these Regulations.
(This note is not part of the Regulations)