Part 2

Security of energy supplies
CHAPTER 3

Upstream petroleum infrastructure

Minor, consequential and supplemental provision
89
1
Schedule 2 contains minor and consequential amendments relating to this Chapter.
2
Before exercising any power conferred by sections 82 to 85 in respect of an upstream petroleum pipeline that is situated partly in a foreign sector of the continental shelf, the OGA must consult the relevant authorities in the other country.
3
The use of a pipeline by any person in accordance with a right secured by a notice under subsection (11) of section 82 is not a contravention of section 14(1) of the Petroleum Act 1998.
4
Subsection (5) applies where—
a
an authorisation has been issued under section 14 of the Petroleum Act 1998 (construction and use of controlled pipelines) for works for the construction of a pipeline;
b
the authorisation contains a term of a kind mentioned in section 15(5) of that Act; and
c
the proposed pipeline is to be a relevant upstream petroleum pipeline.
5
Before serving a notice under section 15(6) of the Petroleum Act 1998 on a person other than the holder of the authorisation, the OGA must give that person an opportunity to make with respect to the proposed pipeline—
a
an application of a kind mentioned in subsection (1)(a) of section 82 of this Act, and
b
if applicable, an application under subsection (4) of that section;
and for the purposes of any such application the provisions of this Chapter have effect with the modifications in subsection (6).
6
The modification are that—
a
references to a pipeline are to the proposed pipeline as it would be once constructed in accordance with the terms of the authorisation;
b
references to the owner of a pipeline are to the proposed owner of the proposed pipeline;
c
section 84 is omitted.
7
In subsection (4)(c) “relevant upstream petroleum pipeline” means an upstream petroleum pipeline that is “relevant” for the purposes of subsection (1) of section 82.
S. 89 in force at 21.3.2012 by S.I. 2012/873, art. 2(b)(i) (with art. 4)
Words in s. 89 substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 71; S.I. 2016/920, reg. 2(a)