The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999. They establish a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61 EC) in relation to offshore qualifying combustion installations (defined in regulation 2). Regulations have already been made (the Pollution Prevention and Control Regulations (England & Wales) 2000, S.I. 2000/1973) which implement the Directive in relation to activities carried out onshore as referred to in those Regulations.

The Regulations apply in relation to the sea adjacent to England and Wales, to the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and to those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964.

Regulation 2 (and Schedule 1 to the Regulations) deals with definitions. Regulation 3 deals with the need for a permit in order to operate a combustion installation covered by the Regulations; regulations 4 to 9 deal with the procedure for granting permits, the content of permits, the publication of the grant of a permit and also make provision for the variation, reconsideration and updating of permit conditions. Provision is made for the revocation, surrender and assignment of permits by regulation 10. Under regulation 11 the Secretary of State is required to maintain a public register of the provisions of permits and of certain information required to be supplied to him under those provisions. Regulation 12 imposes obligations upon operators of combustion installations to provide information to the Secretary of State. Regulations 13 to 16 deal with enforcement and give the Secretary of State power to appoint inspectors, to serve enforcement and prohibition notices and to take further action in the event of a failure to comply with such a notice.

Regulation 17 gives a right to appeal to the court against the Secretary of State’s decisions under the Regulations. Regulation 18 creates offences. Regulation 19 deals with the service of notices and other documents.

Coming into force and transitional provisions

These Regulations come into force on 19th March 2001. After the prescribed date (regulation 2) a permit will be required in order to operate an offshore combustion installation with an input of more than 50 megawatts (regulation 3). An existing qualifying combustion installation (defined in regulation 2) will not require a permit until 30th October 2007 unless, prior to that date, it is subject to a change which is a substantial change in the opinion of the Secretary of State (regulation 3(2)).

A regulatory impact assessment has been prepared and copies can be obtained from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel. [phone]).