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

Interpretation U.K.

3.—(1) In these Regulations–

• “the 1998 Act" means the Petroleum Act 1998 M1 ;

• [F1 “the 2008 Act” means the Energy Act 2008;]

• “application" means, except in regulations 16 and 17 (applications to court), an application in writing;

• [F2 “appropriate particulars” means the name and address of the undertaker and a description of the relevant project which—

  (a)

  includes—

  (i)

  the physical characteristics of the whole project, and where relevant, of demolition works;

  (ii)

  the location of the project with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the project;

  (iii)

  the aspects of the environment likely to be significantly affected by the project;

  (iv)

  any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

  (aa)

  the expected residues and emissions and the production of waste, where relevant; and

  (bb)

  the use of natural resources, in particular soil, land, water and biodiversity;

  (b)

  takes into account the matters set out in Schedule 1 (matters to be taken into account in deciding whether relevant project likely to have a significant effect on the environment) and, where relevant, the results of other assessments of the effects on the environment carried out pursuant to [F3 retained EU law other than any law that implemented] the Directive; and

  (c)

  may also include any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;]

• “approval" means an approval of the kind referred to in regulation 11(1) below (approval of proposals for the carrying out of relevant project);

• “authorisation" means a pipe-line works authorisation required by section 14 of the Petroleum Act 1998 (construction and use of pipe-lines);

• “business day" means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 M2 ;

• [F4 “combustible gas” means gas within the meaning of section 2(4) of the 2008 Act;]

• “consent" means, except in regulation 4 below (requirements as to contents of licences; requirement as to consent for use of floating installations in connection with a development etc.),–

  (a)

  in relation to any relevant project comprising the drilling of an exploration well, any consent required by or under a licence to the commencement or re-commencement of the drilling of that well;

  (b)

  in relation to a relevant project comprising a development–

  (i)

  any consent required by or under a licence in respect of the erection of any structure;

  (ii)

  any consent required by or under a licence to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than as a by-product of the drilling or the testing of any well;

  (iii)

  any consent required by virtue of regulation 4(4)(a) below (consent to use of floating installation);

  (iv)

  any consent required by or under a licence in respect of the commencement or re-commencement of the drilling of any well used for the purposes of, or in connection with, the development; F5 ...

  (v)

  any authorisation for the execution of works for the construction of a pipe-line for the conveyance of petroleum [F6 carbon dioxide or combustible gas], being a pipe-line which is to form an integral part of the development; [F7 or

  (vi)

  any consent required by or under a licence to the carrying on of a storage or unloading activity;]

  (c)

  in relation to any relevant project comprising a pipe-line for the conveyance of petroleum [F8 , carbon dioxide or combustible gas] other than a pipe-line which is to form an integral part of a development, any authorisation for the execution of works for the construction of that pipe-line; or

  (d)

  [F9 in relation to any relevant project comprising the use of a mobile installation for—

  (i)

  the extraction of petroleum where the principle purpose of the extraction is the testing of any well; or

  (ii)

  the purpose of carrying out test injections of carbon dioxide or combustible gas,

  any consent required under regulation 4(4)(b) or (c),]

  but does not in any case include any consent required pursuant to a licence in respect of anything done or to be done wholly outside the relevant area or any approval;

• [F10 “development” means—

  (a)

  any project which has as its main object the getting of petroleum as opposed to the establishment of its existence, the appraisal of its quantity, characteristics or quality or the characteristics or extent of any reservoir in which it occurs; or

  (b)

  any project which has as its main object a storage or unloading activity;]

• [F11 “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;]

• [F12 “EEA State” means a member State, Norway, Iceland or Liechtenstein;]

• “effect" includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;

• [F13 “electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) while in an electronic form;]

• “environmental authority" means any person on whom environmental responsibilities are conferred by or under any enactment other than these Regulations;

• [F14 “environmental impact assessment” shall be interpreted in accordance with regulation 3A;]

• [F14 “environmental statement” has the meaning set out in regulation 3B (environmental statement);]

• “exploration well" means any well other than a well drilled for the purposes of, or in connection with, a development;

• “floating installation" means any floating construction or device maintained on a station by whatever means but does not include a structure;

• “gas", except in the [F15 definitions of “combustible gas” and “petroleum”], means natural gas existing in its natural condition in strata;

• “the Gazettes" means the London, Edinburgh and Belfast Gazettes;

• [F16 “licence” means—

  (a)

  a licence granted or having effect as if granted under section 3 of the 1998 Act (licences to search and bore for and get petroleum); or

  (b)

  a licence granted under section 4 or section 18 of the 2008 Act;

  and “licensee” shall be construed accordingly.;]

• “notice" means notice in writing;

• [F17 “the OGA” means the Oil and Gas Authority;]

• “oil", except in the definition of “petroleum" below, includes any mineral oil or relative hydrocarbon existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

• “petroleum" includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;

• [F18 “public website” means a website accessible to the public where the public can view and download information placed upon it;]

• “the relevant area" means that area comprising–

  (a)

  tidal waters and parts of the sea adjacent to the United Kingdom from the low water mark up to the seaward limits of territorial waters;

  (b)

  waters in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 M3 (designation of areas of continental shelf); and

  (c)

  the seabed and subsoil under the waters referred to in paragraphs (a) and (b) above;

• “relevant project" means a project comprising–

  (a)

  the drilling of an exploration well;

  (b)

  a development;

  (c)

  the construction of a pipe-line for the conveyance of petroleum [F19 , carbon dioxide or combustible gas] other than one which is to form an integral part of any development, F20 ...

  (d)

  the use of a mobile installation for the extraction of petroleum where the principal purpose of the extraction is the testing of any well [F21 ; or

  (e)

  the use of a mobile installation for the purposes of carrying out test injections of carbon dioxide or combustible gas,]

  wholly or partly within the relevant area;

• “relevant requirement" means any requirement, imposed under a licence, of the kind referred to in regulation 11(4) below (powers of [F22 OGA] to require carrying out of relevant project);

• [F23 “storage or unloading activity” means any activity within—

  (a)

  section 2(3)(a) to (d) of the 2008 Act; or

  (b)

  section 17(2)(a) or (b) of the 2008 Act;]

• [F24 “structure” means any structure which is intended to be permanent and is not designed to be moved from place to place without major dismantling and is used for, or, as the case may be, to be used for the purpose of—

  (a)

  getting petroleum or conveying petroleum to land (including any structure for the storage of petroleum) but is not to be used only for searching for petroleum; or

  (b)

  a storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land;]

• [F25 “transboundary area” means the area comprising the relevant area but excluding—

  (a)

  the tidal waters and parts of the sea adjacent to Scotland from the low water mark to the seaward limits of the territorial sea; and

  (b)

  the seabed and subsoil under the waters referred to in paragraph (a) above;]

• “undertaker" means any person who carries out, or may reasonably be taken to propose the carrying out of, a relevant project; and

• [F26 “well” means any well or borehole drilled for the purposes of, or in connection with—

  (a)

  the getting of petroleum, the exploration for petroleum or the establishment of the existence of, or appraisal of, the quantity, characteristics or quality of, petroleum in a particular location; or

  (b)

  activities within section 2(3) or section 17(2) of the 2008 Act,

  but does not include any well drilled to a depth of 350 metres or less below the surface of the seabed for the purpose of obtaining geological information about strata or any drilling operation, the main purpose of which is the testing of the stability of the seabed.]

(2) References in these Regulations to a project being in a particular area include, unless the context otherwise requires, references to a project proposed to be carried out in that area, a project which is in the course of being carried out in that area and a project which has been carried out in that area.

Textual Amendments

F1 Words in reg. 3(1) inserted (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, 4(a) (with reg. 23)

F2 Words in reg. 3(1) 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, 4(b) (with reg. 23)

F3 Words in reg. 3 substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 3(1) inserted (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, 4(c) (with reg. 23)

F5 Word in reg. 3(1) omitted (16.5.2017) by virtue of The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 4(d)(i) (with reg. 23)

F6 Words in reg. 3(1) inserted (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, 4(d)(ii) (with reg. 23)

F7 Words in reg. 3(1) inserted (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, 4(d)(iii) (with reg. 23)

F8 Words in reg. 3(1) inserted (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, 4(d)(iv) (with reg. 23)

F9 Words in reg. 3(1) 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, 4(d)(v) (with reg. 23)

F10 Words in reg. 3(1) 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, 4(e) (with reg. 23)

F11 Words in reg. 3(1) 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, 4(f) (with reg. 23)

F12 Words in reg. 3(1) substituted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 4(b) (with reg. 14)

F13 Words in reg. 3(1) inserted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 4(c) (with reg. 14)

F14 Words in reg. 3(1) 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, 4(g) (with reg. 23)

F15 Words in reg. 3(1) 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, 4(h) (with reg. 23)

F16 Words in reg. 3(1) 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, 4(i) (with reg. 23)

F17 Words in reg. 3(1) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(2)(a)

F18 Words in reg. 3(1) inserted (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, 4(j) (with reg. 23)

F19 Words in reg. 3(1) inserted (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, 4(k)(i) (with reg. 23)

F20 Word in reg. 3(1) omitted (16.5.2017) by virtue of The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 4(k)(ii) (with reg. 23)

F21 Words in reg. 3(1) inserted (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, 4(k)(ii) (with reg. 23)

F22 Word in reg. 3(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(2)(b)

F23 Words in reg. 3(1) inserted (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, 4(l) (with reg. 23)

F24 Words in reg. 3(1) 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, 4(m) (with reg. 23)

F25 Words in reg. 3(1) inserted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 4(e) (with reg. 14)

F26 Words in reg. 3(1) 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, 4(n) (with reg. 23)

Marginal Citations

M1 1998 c. 17.

M2 1971 c. 80.

M3 1964 c. 29.