The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

Consultation Requirements – other countries

13.—(1) This regulation applies where a project is subject to an environmental impact assessment and—

(a) the Secretary of State considers that the project could have a significant effect on the environment of another country; or

(b) another country notifies the Secretary of State before the Secretary of State agrees to the grant of consent under regulation 14 that its environment is likely to be significantly affected by that project.

(2) Where paragraph (1) applies, the Secretary of State must provide a notice to that country which—

(a) describes the project together with any available information regarding the possible transboundary impact of the project;

(b) states the range of possible decisions in response to the application for consent;

(c) states the period during which the country may request to participate in the decision-making process regarding the Secretary of State’s agreement to the grant of consent.

(3) The Secretary of State must provide the notice no later than the date on which the public is notified of the project under regulation 11(3)(c), unless the country notifies the Secretary of State of its interest after this date, in which case the notice must be provided promptly.

(4) Where a country requests to participate in the decision-making process regarding the Secretary of State’s agreement to the grant of consent, the Secretary of State must—

(a) provide to the country a copy of—

(i) the summary of the project;

(ii) the environmental statement;

(iii) the notice published under regulation 11(3)(c);

(iv) any information that falls under regulation 12(3);

(b) provide the country with a reasonable time for it to consult with the Secretary of State on the project;

(c) where the country consults its public or authorities on the project, provide a reasonable time for the country’s authorities and public to submit representations regarding the project to the relevant authority in that country.

(5) As part of the consultation under paragraph (4)(b), the Secretary of State must notify the country of the proposed decision on whether to agree to the grant of consent.

(6) Following the OGA’s decision on whether to grant consent under regulation 15, the Secretary of State must provide the notice specified in regulation 16 (notice of consent decisions) to the country.