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

Grant of consent by Secretary of State in respect of relevant projects U.K.

4.—(1) The Secretary of State shall not grant a consent in respect of a relevant project unless she has received either—

(a) an application for that consent accompanied by an environmental statement; or

(b) an application for that consent which falls within the terms of a direction given under regulation 5 below (provision as to directions that no environmental statement need be prepared).

(2) Where an application for consent in respect of a relevant project is accompanied by an environmental statement, the Secretary of State shall not grant a consent in respect of that project unless she—

(a) is satisfied that the requirements of these Regulations as to consultation and publicity have been substantially met; and

(b) has taken into consideration—

(i) the environmental statement;

(ii) any information in respect of that relevant project of the kind referred to in regulation 8(2);

(iii) the representations of any environmental authority to which a copy of that statement was required to be sent pursuant to these Regulations; and

(iv) any opinions expressed by the public.

(3) Where the Secretary of State has made a direction under paragraph (5)(2) below (provision as to directions that no further environmental statement need be prepared where one already prepared), she shall not grant a consent pursuant to an application which falls within the terms of that direction unless she has taken into consideration—

(a) the environmental statement originally prepared in respect of the relevant project in question;

(b) any representations previously made by an environmental authority to whom that statement was required to be sent; and

(c) any opinions originally expressed by the public.

(4) Where having considered the matters set out in paragraph (2)(b) or, as the case may be, (3) above, the Secretary of State gives her consent to a relevant project, she may (to the extent that she has no power to do so apart from this regulation 4(4)) attach conditions to that consent for the purpose of reducing any significant adverse effects of that project on the environment.

(5) The Secretary of State shall publish in the Gazettes her decision in relation to any application for consent accompanied by an environmental statement in respect of a relevant project, together with, where she gives consent, details of any conditions attached to that grant of consent.

(6) Upon publication in the Gazettes of her decision in relation to an application for consent, the Secretary of State shall communicate that decision to any member State which has, pursuant to regulation 10 below (projects affecting other member States), been provided with a copy of the environmental statement that accompanied that application.