The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

Offshore environmental assessment

Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

2.—(1) The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999(1) (“the Regulations”) have effect with the following modifications.

(2) In regulation 3(1) any reference to the conveyance of petroleum includes a reference to the conveyance of—

(a) carbon dioxide; or

(b) combustible gas.

(3) For the purposes of regulation 3(1)—

(a) “consent”—

(i) in relation to a relevant project comprising a development, includes any consent required by or under a licence to the carrying on of a storage or unloading activity; and

(ii) in relation to a relevant project as mentioned in sub-paragraph (d) below, includes any consent required under regulation 4(4)(b) as modified by paragraph (5) below;

(b) “development” includes any project which has as its main object a storage or unloading activity;

(c) “licence” includes an Energy Act licence;

(d) “relevant project” includes the use of a mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas;

(e) “structure” includes any structure which is—

(i) used for or, as the case may be, to be used for the purpose of a storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land,

(ii) intended to be permanent, and

(iii) not designed to be moved from place to place without major dismantling; and

(f) in the definition of “well”, the matters for the purposes of which, or in connection with which, the well or borehole is drilled include activities within section 2(3) or section 17(2); and the proviso in that definition applies to wells drilled for the purposes of activities within section 2(3)(e) or section 17(2)(c) as it applies to wells drilled in connection with the exploration for petroleum.

(4) Regulation 4(2) also applies to the carrying on of any storage or unloading activity wholly or partly in the relevant area.

(5) The requirement for prior written consent under regulation 4(4)(b) also applies to the use of any mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas.

(6) Regulation 5(2A) applies to an application for a renewal of a consent to the carrying on of a storage or unloading activity as it applies to an application for a renewal of a consent to the getting of petroleum (other than as the by-product of the drilling or testing of a well).

(7) For the purposes of regulation 6(2)(b) and (5), the consents falling within regulation 6(5)(a) to (d) include any consent to—

(a) the carrying on of a storage or unloading activity; or

(b) the erection of any structure in relation to a project which has as its main object a storage or unloading activity.

(8) In respect of the Regulations as so modified—

(a) in regulations 6 to 8, any reference to an environmental statement is to an environmental statement prepared for the purposes of the Regulations; and

(b) in regulation 12, any reference to a relevant project is to a relevant project in respect of which such an environmental statement is required to be prepared.

(9) In this article—

(a) “combustible gas “ means gas within the meaning of section 2(4); and

(b) “storage or unloading activity” means any activity within—

(i) section 2(3)(a) to (d), or

(ii) section 17(2)(a) or (b).

Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

3.—(1) The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(2) have effect with the modifications in paragraphs (2) to (5), and are amended in accordance with paragraphs (6) and (7).

(2) Those Regulations—

(a) apply to activities within section 2(3) or section 17(2) as they apply to oil and gas activities; and

(b) apply to activities within section 2(3) or section 17(2) carried on wholly or partly in a relevant area as they apply to offshore oil and gas activities.

(3) For the purposes of the Regulations as modified by paragraph (2)—

(a) a reference in regulation 4(2) to any provision in any Petroleum Act licence is to be read as a reference to any provision in any Energy Act licence; and

(b) “relevant function” and “relevant power” include, without limitation, functions or (as the case may be) powers exercisable by the Secretary of State under the Petroleum Act 1998, Part 1 of the Energy Act 2008, or any Energy Act licence.

(4) Notwithstanding those modifications, regulation 4(1) does not apply to an activity or procedure which must not be carried out in the relevant area without the prior written consent of the Scottish Ministers (or a body to whom functions have been transferred by the Scottish Ministers under section 34).

(5) Regulations 5 and 7 apply to an Energy Act licence that has been or is to be granted as they apply to a Petroleum Act licence; and for the purposes of those regulations “consent” also includes a consent granted pursuant to an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999.

(6) In regulation 2(1)—

(a) omit the definition of “UKCS oil and gas activities”; and

(b) for the definition of “the Wild Birds Directive” substitute—

““the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(3).”.

(7) In regulation 3—

(a) for “1994 Regulations” substitute “2010 Regulations”; and

(b) for paragraph (2), substitute—

“(2) In this regulation, the “2010 Regulations” means the Conservation of Habitats and Species Regulations 2010(4).”.

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

4.—(1) In regulation 2(2) of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(5)—

(a) after the definition of “the EC Treaty”, insert—

““Energy Act licence” means a licence which is granted (or is to be granted) under Part 1 of the Energy Act 2008;”; and

(b) for the definition of “Petroleum Act consent” substitute—

““Petroleum or Energy Act consent” means—

(a)

a consent granted pursuant to a Petroleum Act licence or an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Productions and Pipe-lines (Assessment of Environmental Effects) Regulations 1999; or

(b)

a consent granted pursuant to regulation 4(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;”.

(2) For regulation 25(6)(c) of those Regulations, substitute—

“(c) the granting by the Secretary of State of any Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence, or Energy Act licence;”.

(3) For regulation 27(6)(c) of those Regulations, substitute—

“(c) requires a review by the Secretary of State of a Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence or Energy Act licence;”.

(1)

S.I. 1999/360, amended by S.I. 2007/933.

(2)

S.I. 2001/1754, amended by S.I. 2007/77 and 2007/1842.

(3)

OJ No L 20, 26.1.10, p. 7.

(4)

S.I. 2010/490.

(5)

S.I. 2007/1842 amended by S.I. 2009/7 and 2010/491.