The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

Interpretation U.K.

2.—(1) In these Regulations—

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

• [F1 “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;]

• “address”, in relation to electronic communication, includes any number or address used for the purposes of such communication;

• [F2 “appropriate nature conservation body” means such body with responsibilities for providing relevant advice on nature conservation in relation to the land or waters within or adjacent to the relevant site, which the Secretary of State considers appropriate;]

• “approval” means approval of an abandonment programme pursuant to Part IV of the 1998 Act;

• “authorisation” means an authorisation granted pursuant to section 14 of the 1998 Act relating to the construction or use of a pipe-line;

• [F3 “consent” is to be construed in accordance with regulation 4(3);]

• [F4 “designated area” means any area for the time being designated under section 1(7) of the Continental Shelf Act 1964;]

• “the Directives” means the Habitats Directive and the Wild Birds Directive;

• “electronic communication” means the same as in the Electronic Communications Act 2000 M2 ;

• “the Habitats Directive” means Council Directive 92/43 of May 21, 1992 on the conservation of natural habitats and of wild fauna and flora M3 ;

• “Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;

• [F5 “offshore oil and gas activities” means oil and gas activities carried out wholly or partly in a relevant area;]

• [F6 “OGA” means the Oil and Gas Authority;]

• [F5 “oil and gas activities” means any activities carried out for or in connection with the exploration for or production of petroleum; ]

• “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;

• [F7 “Petroleum Act licence” means a licence which is granted under or has effect as if granted under the 1998 Act or a licence which is to be granted under that Act;]

• [F7 “relevant area” means an area comprising any of the following—

  (a)

  UK waters;

  (b)

  waters in a designated area; or

  (c)

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

• “relevant function” means any function exercisable by the Secretary of State [F8 or the OGA] in relation to or in connection with [F9 offshore oil and gas activities] including, without limitation, functions exercisable under the 1998 Act or any licence granted or having effect as if granted under that Act;

• “relevant power” means any power exercisable by the Secretary of State [F8 or the OGA] in relation to or in connection with [F9 offshore oil and gas activities] including, without limitation, powers exercisable under the 1998 Act or any licence granted or having effect as if granted under that Act;

• “relevant project” means any plan or project which relates to [F9 offshore oil and gas activities];

• “relevant site” means—

  (a)

  a special area of conservation,

  (b)

  a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive,

  (c)

  F10 ...

  (d)

  [F11 an area classified, as a special protection area, before exit day pursuant to Article 4(1) or (2) of the Wild Birds Directive or classified as such after exit day under any of the retained transposing regulations, or]

  (e)

  a site included in the list of sites which has been transmitted to the Commission by the United Kingdom pursuant to Article 4 of the Habitats Directive F12 ...

  (f)

  F13 ...

  A site shall cease to qualify as a site under paragraph (e) above at such time as—

  • the draft list of sites of Community importance is established under the first sub-paragraph of Article 4(2) of the Habitats Directive where in any case the site is not included in that list, or

  • the list of sites referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive is adopted by the Commission in accordance with that sub-paragraph.

  F14 ...

• [F15 “the retained transposing regulations” means—

  (a)

  the Conservation (Natural Habitats, &c.) Regulations 1994;

  (b)

  the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;

  (c)

  the Conservation of Offshore Marine Habitats and Species Regulations 2017;

  (d)

  the 2017 Regulations;]

• F16 ...

• F17 ...

• [F18 “UK waters” means parts of the sea in or adjacent to the United Kingdom from the low water mark up to the seaward limits of territorial waters; and]

• F19 ...

• [F20 “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds].

(2) [F21 Subject to paragraphs (3) and (4),] unless the context otherwise requires, expressions used in these Regulations and in the Habitats Directive or in the Wild Birds Directive have the same meaning as in those Directives.

[F22 (3) For the purposes of these Regulations—

(a) the Habitats Directive is to be construed as if—

(i) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom;

(ii) any reference to “Member State” or “Member States” included a reference to the United Kingdom;

(iii) any reference to “of Community interest” included, in relation to the United Kingdom, a reference to “of national interest”;

(iv) in Article 1(d) and (h), references to “the Community” were references to “the European Union or the United Kingdom”;

(v) in Article 1(l), the reference to “a site of Community importance designated by the Member State” included, in relation to the United Kingdom, a reference to “a site of national importance designated under any of the retained transposing regulations”;

(b) the Wild Birds Directive is to be construed as if—

(i) any reference to “the European territory of the Member States to which the Treaty applies” included a reference to the United Kingdom;

(ii) any reference to “Member State” or “Member States” included a reference to the United Kingdom.

(4) Any reference in these Regulations to the “requirements” or “objectives” of the Directives is to be construed as if the objectives of the Directives included the objectives referred to regulation 16A(2) of the 2017 Regulations.]

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) inserted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(a)

F3 Words in reg. 2(1) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(b)

F4 Words in reg. 2(1) inserted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(c)

F5 Words in reg. 2(1) inserted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(d)

F6 Words in reg. 2(1) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 8(2)(a)

F7 Words in reg. 2(1) inserted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(e)

F8 Words in reg. 2(1) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 8(2)(b)

F9 Words in reg. 2(1) substituted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(f)

F10 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 2(1) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in reg. 2 omitted (21.8.2007) by virtue of The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (revoked) 2007 (S.I. 2007/1842), regs. 1, 75(a)(ii) (with reg. 3)

F13 Words in reg. 2 omitted (21.8.2007) by virtue of The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (revoked) 2007 (S.I. 2007/1842), regs. 1, 75(a)(iii) (with reg. 3)

F14 Words in reg. 2 omitted (21.8.2007) by virtue of The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (revoked) 2007 (S.I. 2007/1842), regs. 1, 75(a)(iv) (with reg. 3)

F15 Words in reg. 2(1) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in reg. 2(1) omitted (18.2.2007) by virtue of The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(h)

F17 Words in reg. 2(1) omitted (1.7.2010) by virtue of The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 3(6)(a)

F18 Words in reg. 2(1) inserted (18.2.2007) by The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(k)

F19 Words in reg. 2(1) omitted (18.2.2007) by virtue of The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 (S.I. 2007/77), regs. 1, 2(2)(j)

F20 Words in reg. 2(1) substituted (1.7.2010) by The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (S.I. 2010/1513), arts. 1(1), 3(6)(b)

F21 Words in reg. 2(2) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(3); 2020 c. 1, Sch. 5 para. 1(1)

F22 Reg. 2(3)(4) inserted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 74(4); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1998 c. 17.

M2 2000 c. 7.

M3 O.J. 1992, L206/7, as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC, O.J. 1997, L305.