This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations are made under sections 2 and 7(9) of the Pollution Prevention and Control Act 1999. They provide for the phasing out of the system of exemptions under the Prevention of Oil Pollution Act 1971 (permitting certain discharges of oil into the sea) and the replacement of that system by a permit system.
The Regulations apply to the whole of the United Kingdom Continental Shelf except Scottish controlled waters.
Regulation 3 provides that, in order for operators of offshore installations to discharge oil into relevant waters, a permit must be granted to them. This regulation also allows for the phasing in of the new permitting scheme.
Regulations 4 and 5 deal with the procedure for the granting by the Secretary of State of permits, any conditions which may be attached to permits and the requirements for permit applications. Regulation 6 permits the Secretary of State to charge fees in relation to certain activities. Regulations 7 to 9 make provision for permits to be varied, assigned, revoked and surrendered in certain circumstances.
Regulation 10 authorises the Secretary of State to make allocation plans in relation to specified emissions, and to make provision for one or more emissions trading schemes for the purpose of facilitating the trading of allowances allocated under the allocation plans. Regulation 11 requires the Secretary of State to establish and maintain a registry to record the trading in allowances allocated under the allocation plans.
Regulations 12 to 14 deal with enforcement and give—
(a)the Secretary of State power to appoint inspectors whose powers and duties are set out in regulation 12, and the power to serve prohibition notices (regulation 14); and
(b)the Secretary of State or an inspector power to serve enforcement notices (regulation 13).
Regulation 15 gives an applicant for a permit, any permit holder, or any person the subject of a decision by the Secretary of State a right to appeal to the court against the Secretary of State’s decisions under the Regulations. Regulation 16 creates offences. Regulation 17 deals with the services of notices and other documents.
Regulations 18, 19 and 20 deal with the disapplication and consequential modifications of enactments and amendments of other secondary legislation.
Schedules 1 and 2 effect amendments of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 and the Offshore Chemicals Regulations 2002.
These Regulations come into force on the thirtieth day after the day on which they are made.
A regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Energy Resources and Development Unit, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (telephone 020 7215 5151). Copies have been placed in the libraries of both Houses of Parliament.
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