The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Amendment of regulation 14 (consent to pipe-line works) U.K.

38.  In regulation 14—

(a) in paragraph (1)—

(i) in sub-paragraph (b)(i), after “information”, insert “, ensuring that where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the statement”; and

(ii) at the end of sub-paragraph (b), omit “and”; and

(iii) for the words appearing after sub-paragraph (c), substitute—

“; and

(d) having reached a reasoned conclusion on the significant effects of the proposed pipe-line works on the environment, taking into account the information and representations referred to in sub-paragraph (b),

shall, subject to paragraph (2), integrate that conclusion into the Secretary of State’s decision as to whether or not to consent to the carrying out of the proposed pipe-line works.”;

(b) after paragraph (1), insert—

“(1A) If consent is to be given under paragraph (1), the consent should set out—

(a) any environmental conditions attached to the consent;

(b) a description of any features of the proposed pipe-line works or measures envisaged to avoid, reduce or prevent and if possible offset any significant adverse effect on the environment; and

(c) any measures to monitor conditions imposed to avoid, prevent, or reduce and if possible offset significant adverse effects on the environment (“a monitoring condition”).

(1B) If consent is to be refused under paragraph (1), the decision to refuse consent shall state the main reasons for the refusal.

(1C) The reasoned conclusion referred to in paragraph (1)(d) shall be up to date at the time that the decision to consent to the carrying out of the proposed pipe-line works is made but that conclusion shall be take to be up to date if, in the opinion of the Secretary of State, it continues to address the significant effects that are likely to arise as a result of the proposed works.

(1D) When considering whether to impose a monitoring condition under paragraph (1A)(c), the Secretary of State shall—

(a) consider whether to make provision for potential remedial action;

(b) consider whether there are appropriate existing monitoring arrangements under EU legislation other than the Directive, or under national legislation, to make the imposition of a monitoring condition unnecessary; and

(c) take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the proposed pipe-line works and the significance of their effects on the environment.

(1E) The decision of the Secretary of State referred to in paragraph (1) shall be taken within a reasonable period of time, taking into account the nature and complexity of the proposed pipe-line works, from the date on which the Secretary of State has been provided with the information referred to in paragraph (1)(b).”;

(c) in paragraph (2)—

(i) for “member State”, wherever it occurs, substitute “EEA State”; and

(ii) in sub-paragraph (c)(ii), after “reasonable time” insert “ (in respect of the public, at least 30 days);”;

(d) in paragraph (4)—

(i) after “Secretary of State shall”, insert “promptly”;

(ii) at the end of sub-paragraph (b)(i), insert “including any monitoring conditions”; and

(iii) at the end of sub-paragraph (b)(ii), insert “including where regulation 13 (projects affecting other states) applies, any representations made by an EEA State affected by the proposed pipe-line works or the public concerned and authorities in that state.”;

(e) in paragraph (5), after sub-paragraph (b), insert—

“and

(c) on a public website.”;

(f) for paragraph (5A), substitute—

“(5A) A notice published under paragraph (5) shall—

(a) set out—

(i) the contents of the decision;

(ii) the main reasons and considerations on which the decision is based;

(iii) a summary of all representations made to the Secretary of State by any person in respect of the proposed pipe-line works, including where regulation 13 (projects affecting other states) applies, any representations made by an EEA State affected by the works, the public concerned or authorities in that state, together with details of how those representations were taken into account; and

(b) specify where details of these matters may be obtained, including the address of the public website on which a copy of the notice is published.”;

(g) omit paragraph (5B); and

(h) at the end of paragraph (6), insert “and also the address of the public website on which the notice was published in accordance with paragraph (5).”.

Commencement Information

I1 Reg. 38 in force at 16.5.2017, see reg. 1