The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

[F1 Fees U.K.

17A.— (1) The Secretary of State may charge fees in respect of—

(a) monitoring—

(i) compliance by undertakers with the duties in regulation 4(4);

(ii) whether an undertaker is acting, or has acted, in breach of the terms of a condition attached to any consent or approval granted in accordance with these Regulations;

(iii) whether an undertaker is carrying out, or has carried out, any activity in relation to a relevant project without the necessary consent or approval or otherwise than in accordance with a relevant requirement imposed in accordance with these Regulations;

[F2 (aa) providing advice with respect to—

(i) whether an environmental statement is required under regulation 5 and the content of such an environmental statement;

(ii) whether a direction might be made under regulation 6(1) or (2) or 11(2);

(iii) whether a direction might be revoked under regulation 6(10) or 11(3);

(iv) information and evidence which may be required under regulation 10(1);]

[F3 (b) considering, accepting or rejecting an environmental statement submitted under regulation 5, or making a decision as referred to in regulation 5A(1) or 11(8A);]

(c) determining under regulation 5(2)(b), 5(2A) or 6 whether—

(i) a project is likely to have a significant effect on the environment;

(ii) an environmental statement is required;

(d) giving a direction under regulation 6(1) [F4 6(1B)], 6(2) or 11(2) that an environmental statement is not required;

(e) requiring information by notice under regulation 6(4) or 10(1);

(f) revoking a direction under regulation 6(10) or 11(3);

(g) giving an opinion as to the content of an environmental statement under regulation 7;

(h) providing information under regulation 8;

(i) serving a notice under regulation 9 or 11(4);

(j) giving a direction under regulation 10(2);

(k) providing material to an EEA State under regulations 11(10) and 12;

(l) giving a direction under regulation 13 as to whether to exempt a project from the provisions of these Regulations;

(m) publishing notices of decisions or details of directions where required by these Regulations; and

(n) consulting any environmental authority [F5 or other authority interested in the relevant project by reason of their local or regional competence] on any matter under these Regulations.

(2) A fee charged under paragraph (1) is where—

A is the number of hours work carried out by specialist officers;

B is [F6 £190];

C is the number of hours work carried out by non-specialist officers; and

D is [F7 £101].

(3) For the purposes of paragraph (2), the number of hours work may be expressed as a fraction where—

(a) less than one hour’s work has been carried out; or

(b) the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

(4) Any fee must be paid on demand.

(5) In this regulation, “specialist officers” means persons engaged on behalf of the Secretary of State to carry out the functions of the Secretary of State referred to in paragraph (1) and “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to those specialist officers.]

Textual Amendments

F1 Reg. 17A inserted (22.7.2015) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431), regs. 1(2), 8

F2 Reg. 17A(1)(aa) inserted (1.6.2016) by The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/529), regs. 1(2), 3(a)

F3 Reg. 17A(1)(b) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 19(a) (with reg. 23)

F4 Word in reg. 17A(1)(d) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 19(b) (with reg. 23)

F5 Words in reg. 17A(1)(n) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 19(c) (with reg. 23)

F6 Sum in reg. 17A(2) substituted (1.4.2020) by The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/208), regs. 1, 11(a)

F7 Sum in reg. 17A(2) substituted (1.4.2020) by The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/208), regs. 1, 11(b)