The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p.40) on the Assessment of the Effects of Certain Public and Private Projects on the Environment in so far as it relates to the effects on the environment of certain offshore oil and gas projects.

Provision is made requiring the Secretary of State to exercise the powers conferred on her under the Petroleum (Production) Act 1934 to grant licences relating to seaward areas in such a way as to ensure the carrying out of environmental assessments in relation to certain activities relating to exploration for, or production of, oil and gas and requiring, subject to an exception in respect of the existing use of floating installations, the obtaining of the consent of the Secretary of State to the use of a floating installation in connection with a relevant project comprising a development(regulation 3).

Provision is made requiring the Secretary of State not to grant—

(a)  any consent required pursuant to the provisions of a licence granted under the 1934 Act in respect of the commencement or recommencement of the drilling of an exploration well or the getting of petroleum in the course of the testing of such a well; U.K.

(b)  any consent required pursuant to the provisions of a licence granted under the 1934 Act in connection with a development in respect of the getting of petroleum or of the erection of certain structures for the getting of petroleum or conveying petroleum to land; U.K.

(c)  any consent to the use in connection with a development of a floating installation required pursuant to regulation 3(4) of the Regulations; U.K.

(d)  any pipe-line works authorisation required by section 20 of the Petroleum and Submarine Pipe-Lines Act 1975 in respect of the construction of a pipe-line for the conveyance of petroleum where that pipe-line is a separate project or is an integral part of a project comprising a development,unless either the appropriate application was accompanied by an environmental statement in relation to the project in respect of which the consent or authorisation is sought or she has issued a direction that no such statement is required to be so submitted. (An environmental statement is a document or documents setting out the main features of the project in question and the likely environmental consequences of that project). Where the application is accompanied by an environmental statement, the Secretary of State must be satisfied before granting a consent or an authorisation that the requirements of the Regulations as to publicity and consultation have been substantially complied with and must consider the representations of the environmental authorities which are interested in the project by reason of their environmental responsibilities and the representations of the public(regulation 4). U.K.

Provision is made for the granting of directions, subject to certain exceptions, that the submission of an environmental statement with an application for a consent or an authorisation is not required for projects not likely to have significant effects on the environment or where an environmental statement has already been submitted in respect of the project and the project has already been the subject of an assessment(regulation 5).

Provision is made to assist persons proposing to carry out certain oil and gas projects to obtain information to prepare environmental statements(regulation 6). Provision is made with regard to publicity requirements for applications for consents or authorisations that are accompanied by environmental statements(regulation 7). Power is conferred on the Secretary of State to require persons proposing to carry out oil and gas projects to provide further information in relation to applications for consents or authorisations in respect of which environmental statements are submitted and for such information to be subject to publication requirements under regulation 7(regulation 8).

Provision is made for the carrying out of environmental assessments in relation to the exercise by the Secretary of State of powers under licences granted under the 1934 Act to require proposals to be submitted to her for her approval for the carrying out of relevant projects or to require such projects to be carried out(regulation 9).

Provision is made for other member States to be informed of projects likely to have a significant effect on their environment(regulation 10)and power is conferred on the Secretary of State in whole or in part to exempt a relevant project from the provisions of the Regulations(regulation 11). Provision is made in relation to the service of notices and other documents pursuant to the Regulations(regulation 12).

Provision is made by the Regulations for the making of applications to the court by persons challenging certain decisions of the Secretary of State. Subject to certain exceptions, provision is also made for the Secretary of State to make applications to the court to seek remedies in respect of the carrying out of oil and gas projects without a consent, authorisation or approval granted, or a requirement imposed, in accordance with these Regulations or in breach of conditions imposed to protect the environment(regulations 13, 14 and 15).

Provision is made for the creation of offences in respect of the intentional or reckless submission of false or misleading information pursuant to the Regulations and subject to certain exceptions, the carrying out of activities without a consent, authorisation or approval granted, or requirement imposed, pursuant to the Regulations or in breach of conditions imposed to protect the environment(regulation 16).

A cost compliance assessment is available from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel: [phone]).