Pipe-line variation noticesI17
1
Where a person proposes to make an application for the grant of planning permission for the construction of a relevant pipe-line or, in the case of an offshore relevant pipe-line, the grant of a Crown lease, the person shall give not less than six months’ notice to the Department that such application is to be made.
2
The notice under paragraph (1) shall give particulars of the proposal and shall—
a
specify the points between which the proposed pipe-line is to run and be accompanied by a map on which is delineated the route which it is proposed to take;
b
specify the length, diameter and capacity of the proposed pipe-line.
3
Subject to paragraph (5), the Department may (whether or not notice has been given to it under paragraph (1)), at any time before planning permission or a Crown lease for the construction of the pipe-line is granted, serve a notice (a “pipe-line variation notice”) on the person who proposes to make, or has made, the application for planning permission or a Crown lease if the Department is satisfied that—
a
there is evidence of demand existing or likely to arise for the construction of further pipe-lines to be designed for the conveyance of carbon dioxide;
b
the whole or any part of the route to be taken by a further pipe-line will be substantively the same as the route or any part of the route to be taken by the pipe-line to which the application relates;
c
compliance with the pipe-line variation notice will not prejudice the safety or environmental integrity of the relevant pipe-line concerned; and
d
compliance with the pipe-line variation notice will not prejudice the efficient operation of the relevant pipe-line concerned.
4
A pipe-line variation notice may direct that—
a
the capacity of the relevant pipe-line to which it relates or of any part of that relevant pipe-line shall be greater than that proposed in the application for the grant of planning permission or a Crown lease;
b
the design of the relevant pipe-line to which it relates should be modified, including by the addition of a junction through which another pipe-line may be connected to the pipe-line; or
c
any of the route of the pipe-line to be different from that so proposed.
5
Before exercising the powers conferred by paragraph (3) and regulation 8(1), the Department shall—
a
consult the planning authority or, in the case of a proposed offshore relevant pipe-line, the Crown Estate Commissioners; and
b
give an opportunity to be heard to—
i
the person who proposes to make, or has made, the application for the grant of planning permission or a Crown lease;
ii
any other person who made representations to the Department as to the matters set out in paragraph (3) or (4);
iii
any person with a right to have carbon dioxide conveyed by the proposed relevant pipe-line;
iv
the Health and Safety Executive for Northern Ireland.
6
The Department shall serve a copy of the pipe-line variation notice on the planning authority or, in the case of an offshore relevant pipe-line, the Crown Estate Commissioners.