The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998

Exercise by Secretary of State of powers under licences

9.—(1) Where the Secretary of State exercises any powers under a licence so as to require a licensee to submit to her for her approval any proposals for the carrying out of a relevant project comprising a development then, subject to paragraph (2) below, any proposals so submitted shall be accompanied by an environmental statement.

(2) Proposals of the kind referred to in paragraph (1) above need not be accompanied by an environmental statement where—

(a) the licensee has submitted appropriate particulars in respect of the development referred to in the proposals submitted to the Secretary of State; and

(b) the Secretary of State being satisfied, that—

(i) the proposals either relate to a development which will produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day or do not involve the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more; and

(ii) the carrying out of the proposals is not likely to have a significant effect on the environment,

has directed in writing within the two years immediately preceding the submission of the proposals that they need not be accompanied by an environmental statement.

(3) Where the Secretary of State proposes to exercise powers under a licence to impose a requirement on a licensee to carry out a relevant project—

(a) comprising a development which in her opinion is likely to produce in excess of 500 tonnes of oil per day or 500,000 cubic metres of gas per day or involves the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more; or

(b) comprising a development other than one falling within sub-paragraph (a) above which she is not satisfied is not likely to have a significant effect on the environment,

she shall serve a notice in writing on the licensee setting out details of the relevant project which she proposes that he should be required to carry out and requiring him to provide her with an environmental statement in respect of that project within such time as may be specified in the notice.

(4) Where—

(a) proposals are submitted to the Secretary of State accompanied by an environmental statement; or

(b) an environmental statement is provided to the Secretary of State in compliance with a requirement imposed by virtue of paragraph (3) above,

regulations 7 (procedure on receipt of application for consent accompanied by environmental statement; publicity requirements; provision of environmental statements to public) and 8 (provision to Secretary of State of further information and evidence respecting environmental statements) above shall apply in respect of such an environmental statement in the same way as they apply to an application for a consent accompanied by an environmental statement with the exception that references to the application for consent shall be to the proposals submitted by the licensee or, as the case may be, to the notice served pursuant to paragraph (3) above.

(5) The Secretary of State shall not approve proposals which entail the carrying out of a relevant project comprising a development or exercise any power under a licence to require the carrying out of a relevant project comprising a development where in either case an environmental statement has been submitted to her, unless she is satisfied that the requirements of regulations 7 and 8 above as they apply by virtue of paragraph (4) above have been substantially met and she has taken into account—

(a) the environmental statement;

(b) any information of the kind referred to in regulation 8(2) as that regulation applies by virtue of paragraph (4) above;

(c) the representations of any environmental authority sent a copy of the environmental statement in compliance with the requirements of regulation 7 above as it applies by virtue of paragraph (4) above; and

(d) any opinions expressed by the public.

(6) Where, having considered the matters referred to in paragraph (5) above, the Secretary of State approves any proposals of the kind referred to in paragraph (1) above, she may (to the extent that she has no power to do so apart from this regulation 9(6)) attach conditions to that approval for the purpose of reducing any significant adverse effects of the relevant project referred to in those proposals.

(7) The Secretary of State shall publish in the Gazettes—

(a) any decision regarding the approval pursuant to a licence of a project which entails the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State; or

(b) the exercise by the Secretary of State of any powers pursuant to a licence requiring the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State.

(8) Upon the publication in the Gazettes referred to in paragraph (7) above, the Secretary of State shall inform any member State which has, pursuant to regulation 10 below (projects affecting other member States), been provided with a copy of the environmental statement, of the approval of the proposals or, as the case may be, of the imposition of the relevant requirement.