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

Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 U.K.

3.—(1) The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(1) 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 [F1 or the Oil and Gas Authority] 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).

[F2 (5) Regulations 5, 7, and 20A apply to an Energy Act licence that has been or is to be granted by the Oil and Gas Authority as they apply to a Petroleum Act licence, and for the purposes of those regulations and for regulation 8A, “consent” also includes a consent granted by the Secretary of State or the Oil and Gas Authority 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 [F3 or the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020].]

(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(2).”.

(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(3).”.

Textual Amendments

F1 Words in art. 3(3)(b) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 16(2)

F2 Art. 3(5) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 60 (with reg. 58)

F3 Words in art. 3(5) inserted (31.12.2020 immediately before 11 p.m.) by The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497), reg. 1(1), Sch. 7 para. 4 (with reg. 1(2)-(6), 20)

Commencement Information

I1 Art. 3 in force at 1.7.2010, see art. 1(1)

(1)

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

(2)

OJ No L 20, 26.1.10, p. 7.

(3)

S.I. 2010/490.