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

Provisions as to directions that no environmental statement need be prepared U.K.

6.—(1) Where–

(a) an undertaker makes an application containing the appropriate particulars to the Secretary of State for him to exercise the power conferred by this paragraph (1); and

(b) the Secretary of State is satisfied that either–

(i) the carrying out of the relevant project described in that application; or

(ii) the carrying out of the relevant project as modified or carried out in a particular way or carried out at a particular time,

is not likely to have a significant effect on the environment, he may, [F1 subject to paragraphs [F2 (1D),] (5) and (5A) below], give a direction that any application for consent in respect of that relevant project or that relevant project as modified, or to be carried out in the manner or at the time specified in the direction, need not be accompanied by an environmental statement.

[F3 (1A) When making a direction under paragraph (1), the Secretary of State shall, where proposed by the undertaker, include in the direction any features of the relevant project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects of the project on the environment.

(1B) If the Secretary of State considers that a relevant project is highly likely to have a significant effect on the environment given the environmental sensitivity of the location of the project, the Secretary of State may direct that an environmental statement is required before the Secretary of State can make a decision whether to agree to the grant of a consent in respect of that project.

(1C) When giving a direction under paragraph (1B), the Secretary of State shall publish a notice of the direction in the Gazettes and by any other means the Secretary of State considers appropriate, which shall include making the notice available on a public website.

(1D)   Where a direction made under paragraph (1B) is in force in respect of a relevant project, the Secretary of State shall not make a direction under paragraph (1) in respect of that project (whether or not that project has been modified or is to be carried out in any particular manner or time).]

[F4 (2) Where a relevant project has been the subject of an environmental assessment in accordance with regulation 5(4) above ([F5 agreement of] Secretary of State in respect of relevant projects subject to environmental assessment), the Secretary of State may, on the application of the undertaker concerned, give a direction that further applications for consents of such kind as may be specified in that direction need not be accompanied by an environmental statement provided that—

(a) the Secretary of State is satisfied that if such consents were granted anything that might be done pursuant to them would not give rise to substantially different effects from, or significantly greater effects than, those mentioned in the environmental statement originally prepared in respect of the relevant project; and

(b) any such consents, if granted, would not otherwise fall within any of [F6 sub-paragraphs (a) to (f)] of paragraph (5) below.]

(3) In deciding whether or not to give a direction under paragraph (1) [F7 , (1B)] or (2) above, the Secretary of State shall take into consideration, where relevant, the matters set out in Schedule 1 to these Regulations [F8 and the results of any preliminary verifications or assessments on the environment of the geographical areas likely to be affected by the relevant project carried out pursuant to [F9 retained EU law other than any law that implemented] the Directive.]

[F10 (4) An undertaker shall—

(a) provide to the Secretary of State such further information in relation to any application made by the undertaker under paragraph (1)(a) or (2) as the Secretary of State may require; and

(b) where the circumstances described in paragraph (1B) apply, provide to the Secretary of State any information in respect of the relevant project, as the Secretary of State may require.]

(5) Subject to paragraph (6) below, no direction shall be given pursuant to paragraph (1) above in respect of any application for consent–

(a) to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than in the course of the drilling or testing of any well;

(b) to the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day;

(c) for the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (regardless of whether that pipe-line forms an integral part of a development); F11 ...

(d) in respect of which [F12 an EEA State] has requested to participate in the procedure pursuant to regulation 12 below (projects affecting other States);

[F13 (e) to the carrying on of a storage or unloading activity; or

(f) to the erection of a structure in relation to a project which has as its main object a storage or unloading activity.]

[F14 (5A) No direction shall be given pursuant to paragraph (1) above in respect of any application for an extension of a consent.

(5B) For the purposes of paragraph (5A) above, an “extension of a consent” is a variation of an existing consent for a relevant project, where, if the effect of the variation were itself the subject of a separate application, the application would be for consent to—

(a) the getting of more than 500 tonnes of oil per day, or 500,000 cubic metres of gas per day otherwise than in the course of the drilling or testing of any well;

(b) the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; or

(c) the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (regardless of whether that pipe-line forms an integral part of a development).]

[F15 (6) Paragraph (5) above shall not prevent the giving of a direction pursuant to paragraph (1) above in respect of an application for a variation of any consent to the erection of any structure in relation to a development (whether the structure has already been erected pursuant to that consent or not).]

(7) Any direction given pursuant to this regulation shall remain in force for 2 years (or such shorter period as may be specified in the direction) from the date on which it was given.

(8) The Secretary of State shall give notice to the undertaker concerned of his decision in relation to any application made under this regulation.

F16 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The Secretary of State may revoke any direction given under this regulation.

[F17 (10A) The Secretary of State shall make a decision in relation to an application referred to in paragraph (1) or (2) as soon as possible and in any event within 90 days of receiving the application containing the appropriate particulars, unless paragraph (10B) applies.

(10B) Where an application referred to in paragraph (1) is for a relevant project that is, in the Secretary of State’s opinion, an exceptional case, for example in relation to its nature, complexity, location or size, the Secretary of State may extend the time limit referred to in paragraph (10A) by notifying the undertaker in writing as to when the decision is expected to be made and the reasons why the Secretary of State considers the extra time is needed.]

[F18 (11) Where the Secretary of State makes a decision in relation to any application referred to in paragraph (1) or (2), the Secretary of State shall promptly publish a notice of the decision in the Gazettes and on a public website.

(12) A notice published under paragraph (11) shall set out—

(a) the contents of the decision;

(b) the main reasons and considerations on which the decision is based, making references to the relevant matters set out in Schedule 1; and

(c) where the decision is that an environmental statement is not required, and where proposed by the undertaker, state any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.]

Textual Amendments

F1 Words in reg. 6(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, 6(a) (with reg. 14)

F2 Word in reg. 6(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, 9(a) (with reg. 23)

F3 Reg. 6(1A)-(1D) 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, 9(b) (with reg. 23)

F4 Reg. 6(2) 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, 6(b) (with reg. 14)

F5 Words in reg. 6(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 7(5)

F6 Words in reg. 6(2)(b) 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, 9(c) (with reg. 23)

F7 Word in reg. 6(3) 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, 9(d)(i) (with reg. 23)

F8 Words in reg. 6(3) 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, 9(d)(ii) (with reg. 23)

F9 Words in reg. 6(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(6); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 6(4) 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, 9(e) (with reg. 23)

F11 Word in reg. 6(5)(c) 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, 9(f)(i) (with reg. 23)

F12 Words in reg. 6(5)(d) 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(7); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 6(5)(e)(f) 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, 9(f)(iii) (with reg. 23)

F14 Reg. 6(5A)(5B) 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, 6(c) (with reg. 14)

F15 Reg. 6(6) 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, 6(d) (with reg. 14)

F16 Reg. 6(9) omitted (16.4.2007) by virtue of The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 6(e) (with reg. 14)

F17 Reg. 6(10A)(10B) 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, 9(g) (with reg. 23)

F18 Reg. 6(11)(12) substituted for reg. 6(11) (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, 9(h) (with reg. 23)