The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

7.—(1) The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999(1) are amended as follows.

(2) In regulation 3(1) (interpretation)—

(a) after the definition of “notice” insert—

““the OGA” means the Oil and Gas Authority;”;

(b) in the definition of “relevant requirement”, for “Secretary of State” substitute “OGA”.

(3) In regulation 4 (requirements as to contents of licences)—

(a) in paragraphs (1), (3) and (4), for “Secretary of State” (in each place) substitute “OGA”;

(b) in paragraph (3), for “him” substitute “it”.

(4) In regulation 5 (grant of consent by Secretary of State)—

(a) in the heading, for “Grant of consent by” substitute “Agreement of”;

(b) before paragraph (1) insert—

“(A1) The OGA shall not grant a consent in respect of a relevant project without the agreement of the Secretary of State.”;

(c) in paragraphs (1), (4), (5) and (6), for “grant” (in each place) substitute “agree to the grant of”;

(d) in paragraph (7)—

(i) for “gives his consent” substitute “agrees to the grant of consent”;

(ii) for “that consent” substitute “that agreement”.

(5) In regulation 6(2) (provisions as to directions that no environmental statement need be prepared), for “grant of consent by” substitute “agreement of”.

(6) In regulation 7(3) (opinion by Secretary of State as to content of environmental statements), for “Secretary of State”, in the third place it occurs, substitute “OGA”.

(7) In regulation 11 (exercise of powers under licences)—

(a) in the heading, for “Secretary of State” substitute “OGA”;

(b) for paragraph (1) substitute—

“(1) Where the OGA exercises any powers under a licence so as to require a licensee to submit to it for its approval any proposals for the carrying out of a relevant project comprising a development then, subject to paragraph (2) below, the licensee shall submit an environmental statement to the Secretary of State.”;

(c) in paragraph (2)—

(i) for the words before sub-paragraph (a), substitute “An environmental statement need not be submitted under paragraph (1) above where—”;

(ii) for sub-paragraph (a), substitute—

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

(d) in paragraph (4)—

(i) in the words before sub-paragraph (a), for “Secretary of State” substitute “OGA”;

(ii) in sub-paragraph (a), for “his” substitute “the Secretary of State’s”;

(iii) in sub-paragraph (b), for “he” substitute “the Secretary of State”;

(iv) in the words following sub-paragraph (b)—

(aa) for “he” (in the first place) substitute “the Secretary of State”;

(bb) for “he” (in the second place) substitute “the OGA”;

(cc) for “him” substitute “the Secretary of State”;

(e) for paragraph (5)(a) substitute—

“(a) an environmental statement is submitted to the Secretary of State in compliance with paragraph (1) above; or”;

(f) after paragraph (5) insert—

“(5A) The OGA 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 without the agreement of the Secretary of State.”;

(g) in paragraph (6)—

(aa) for “approve” substitute “agree to”;

(bb) for “exercise” substitute “the exercise of”;

(h) in paragraph (7)—

(i) in the words before sub-paragraph (a)—

(aa) for “grant an” (in both places) substitute “agree to the grant of”;

(bb) for “impose” (in both places) substitute “the imposition of”;

(ii) in sub-paragraph (b), omit the words “to the application for approval or, as the case may be, the relevant requirement he is minded to impose” ;

(i) in paragraph (8)—

(i) for “approves” substitute “agrees to”

(ii) for “(1)” substitute “(A1)”;

(iii) for “imposes” substitute “the imposition of”;

(iv) for “approval or requirement” substitute “agreement”;

(j) in paragraph (9A)—

(i) in sub-paragraph (a), omit “pursuant to a licence”;

(ii) in sub-paragraph (b), for “Secretary of State” substitute “OGA”.

(8) In regulation 12(2)(a) (projects affecting other States)—

(a) for “approval” substitute “agreement”;

(b) for “Secretary of State”, in the second and third places it occurs, substitute “OGA”.

(9) In regulation 16 (application to court by person aggrieved)—

(a) in paragraph (1), for “grant of consent by” substitute “agreement of”;

(b) in paragraph (2), for “Secretary of State” substitute “OGA”.

(10) In regulation 17 (application to court by Secretary of State)—

(a) in paragraph (1)(a), for “Secretary of State” substitute “OGA”;

(b) in paragraph (2)(a)(i), for “Secretary of State” substitute “OGA”.

(11) In regulation 18(2)(b) (offences), for “Secretary of State” substitute “OGA”.

(12) After regulation 18, insert—

“Review

19.— (1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how the Directive(2) (which is implemented by these Regulations), is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Subsequent reports under this regulation must be published at intervals not exceeding five years.”.

(1)

S.I. 1999/360, amended by S.I. 2007/933; there are other amending instruments but none is relevant.

(2)

The Directive is defined in regulation 3(1) of S.I. 1999/360 as Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.