The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

Transitional and Saving Provisions relating to the 1999 Regulations U.K.

29.—(1) The 1999 Regulations apply only for the purposes specified in this regulation, with the modifications specified in this regulation.

(2) Subject to paragraph (7), where a project is pending a decision from the OGA on whether to grant consent when these Regulations come into force, regulations 4, 5 and 6 to 12 of the 1999 Regulations apply, rather than regulations 4 to 13 of these Regulations, but otherwise these Regulations apply.

(3) For the purposes of paragraph (2), the 1999 Regulations have effect as if—

(a) in regulation 3A—

(i) in sub-paragraph (d), for “reasoned conclusion as required by regulation 5A(1) or regulation 11(8A)” there were substituted “ conclusion on the significant effects of the project on the environment ”;

(ii) in sub-paragraph (e), “as required by regulation 5A(1)(c) or as to whether agreement is to be given in respect of the matters referred to in regulation 11(8A)(c)” were omitted;

(b) in regulation 5(4), (5) and (6), for “the decision referred to in regulation 5A(1)(c)” there were substituted “ the decision as to whether to agree to the grant of consent ”;

(c) in regulation (9)(2)(f)(viii), for “pursuant to regulation 16 below” there were substituted “ to the court ”.

(4) For the purposes of paragraph (2), these Regulations have effect as if—

(a) in the definition of “environmental impact assessment”—

(i) in sub-paragraph (a), “in accordance with regulation 8” were omitted;

(ii) in sub-paragraph (b), for “regulation 11 and, where relevant, regulations 12 and 13”, there were substituted “ regulation 9, and regulations 5(5), 10 and 10A where relevant, of the 1999 Regulations ”;

(iii) in sub-paragraph (c), for “regulation 12(3)”, there were substituted “ regulation 10(2) of the 1999 Regulations ”;

(b) in the definition of “environmental statement”, “, in accordance with regulation 8 (environmental statement requirements)” were omitted;

(c) in regulation 14(2)(b), for “regulation 12(3)” there were substituted “ regulation 10(2) of the 1999 Regulations ”;

(d) in regulation 14(2)(c), for “regulation 11, and regulations 12 and 13 where relevant,” there were substituted “ regulation 9, and regulations 5(5), 10 and 10A where relevant, of the 1999 Regulations ”;

(e) in regulation 14(2)(d), “pursuant to regulation 4(4)” were omitted;

(f) in regulation 14(3)(b), “pursuant to regulation 4(4)” were omitted;

(g) in regulation 16(3)(b)(ii), for “regulation 11, and regulations 12 and 13 where relevant,” there were substituted “ regulation 9, and regulations 5(5), 10 and 10A where relevant, of the 1999 Regulations ”;

(h) in regulation 16(4), for “regulation 11(1)”, there were substituted “ regulation 9(1) of the 1999 Regulations ”;

(i) in regulation 20, after “these Regulations”, there were inserted “ or the 1999 Regulations ”;

(j) in regulation 21, after “these Regulations”, there were inserted “ or the 1999 Regulations ”;

(k) in regulation 23(1), after “these Regulations”, there were inserted “ and the 1999 Regulations ”;

(l) in regulation 25(2), after “these Regulations”, there were inserted “ or the 1999 Regulations ”.

(5) Where an application to the court under regulation 16 of the 1999 Regulations is pending an order from the court when these Regulations come into force, regulation 16 of the 1999 Regulations continues to apply.

(6) Regarding any acts or omissions by a person that occurred prior to these Regulations coming into force, regulations 17 and 18 of the 1999 Regulations apply, rather than regulations 24, 25 and 26 and the amendments to the Offshore Environmental Civil Sanctions Regulations 2018 in regulation 27 of these Regulations.

(7) Where the Secretary of State is exercising any functions under the 1999 Regulations in accordance with this regulation, regulation 17A of the 1999 Regulations applies, rather than regulation 22 of these Regulations (fees), except that regulation 22(2) of these Regulations applies to determine the rate charged.

Commencement Information

I1 Reg. 29 in force at 31.12.2020 immediately before 11 p.m., see reg. 1(1)