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

UK participation in overseas projects

19.—(1) This regulation applies where the Secretary of State receives information on a proposed overseas project and the Secretary of State considers that the overseas project is likely to have significant effects on the environment of the relevant UK area.

(2) Where paragraph (1) applies, and the Secretary of State wishes to participate in the decision-making process for the overseas project, the Secretary of State must endeavour to—

(a) obtain from the country information relating to the likely significant effects on the environment of the overseas project;

(b) consult with the country regarding the overseas project, including on the potential significant effects of the overseas project on the environment of the relevant UK area and the measures envisaged to reduce or eliminate such effects;

(c) agree with the country a period of at least 30 days from the date that information is last made available under paragraph (3) during which persons in the United Kingdom may submit representations to the Secretary of State;

(d) agree with the country that it will take account of such representations that are forwarded by the Secretary of State.

(3) The Secretary of State must arrange for any information received under paragraph (2)(a) to be made available to the public and to the authorities which the Secretary of State considers would be likely to be interested in the overseas project by reason of either their particular environmental responsibilities or local or regional competence.

(4) The Secretary of State must notify the authorities specified in paragraph (3) of the decision made by the country and make available information on the decision on a public website, including, in so far as this information is made available to the Secretary of State—

(a) the content of the decision;

(b) a description of any features of the overseas project or measures envisaged to avoid, prevent, reduce or offset any significant adverse effects on the environment, including monitoring measures;

(c) any environmental conditions attached to the decision;

(d) the main reasons for the decision, including—

(i) information about the public consultation process;

(ii) a summary of the results of the consultations;

(iii) a summary of how the consultation results have been taken into account;

(iv) any other information gathered, and how this has been taken into account.

(5) In this regulation—

(a) “relevant UK area” means—

(i) tidal waters and parts of the sea adjacent to England, Wales and Northern Ireland from the low water mark up to the seaward limits of territorial waters;

(ii) waters in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 (designation of areas of continental shelf);

(iii) the seabed and subsoil under the waters referred to in paragraphs (i) and (ii);

(b) an “overseas project” means the execution of construction works or other installations or schemes, and other interventions in the natural surroundings and landscape, that are—

(i) proposed to take place in the jurisdiction of another country; and

(ii) equivalent or substantially similar to a matter set out in Schedules 1, 2 or 3,

and includes related works.