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[F1Agreement of] Secretary of State in respect of relevant projectsU.K.

5.—[F2(A1) The OGA shall not grant a consent in respect of a relevant project without the agreement of the Secretary of State.]

[F3(1) The Secretary of State shall not [F4agree to the grant of] a consent in respect of a relevant project unless the application for that consent is—

(a)one to which paragraph (2) or (2A) below applies;

(b)accompanied by an environmental statement in respect of that project; or

(c)the subject of a direction given under regulation 6 below (provision as to directions that no environmental statement need be prepared).]

[F5(1A) Where in relation to a relevant project there is, in addition to a requirement for an environmental statement to be prepared in accordance with these Regulations, also a requirement to carry out a Habitats Regulations Assessment, the Secretary of State shall where appropriate ensure that the preparation of that assessment and the environmental statement are coordinated.]

[F6(2) This paragraph applies to any application for consent to the construction of a pipe-line or the augmentation of an existing pipe-line where—

(a)no part of the pipe-line to be constructed or augmented would extend more than 500 metres from a well or any part of a fixed installation to which that pipe-line would be directly or indirectly attached; and

(b)the Secretary of State has decided that having regard to the matters set out in Schedule 1 to these Regulations the operation in respect of which consent is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of the relevant project in question.]

[F7(2A) This paragraph applies to any application for a renewal of a consent to—

(a)the getting of petroleum in relation to a relevant project (other than as a by-product of the drilling or testing of a well); or

(b)the carrying on of a storage or unloading activity,

where the Secretary of State has decided that, having regard to the matters set out in Schedule 1, the operation in respect of which the renewal is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of that project.]

(2B) For the purposes of paragraph (2A), a consent is renewed where the term of the consent is increased, but without any other variation in the conditions attached to the consent.

(3) Where the Secretary of State receives an application for a consent in respect of a relevant project to which [F8paragraph (2) or (2A) above applies], the undertaker in question shall provide the Secretary of State with such information as he may require regarding that application.

[F9(4) Where an application for consent in respect of a relevant project is accompanied by an environmental statement, the Secretary of State shall not make the decision referred to in regulation 5A(1)(c) in respect of that project unless the Secretary of State is satisfied that the requirements of regulations 9 and 10 have been substantially met, and that, where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the statement.]

(5) Where pursuant to regulation 12(2) below (request by [F10EEA state] to participate in procedure under the Regulations in relation to relevant project affecting it) a [F10EEA state] has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to [F11agree to the grant of] consent in respect of a relevant project, the Secretary of State [F12shall not make the decision referred to in regulation 5A(1)(c)] in respect of that project unless–

(a)he is satisfied that the requirements of regulation 12(1) and (2) below (projects affecting other States) have been complied with;

(b)he has communicated to that [F10EEA state] the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any trans-boundary effects of the project);

(c)he is satisfied that–

(i)the [F10EEA state] has been consulted regarding the application for consent and arrangements for consulting persons in that [F10EEA state] (including any authorities likely to be interested in the relevant project in question by virtue of their particular environmental responsibilities [F13or local or regional competence]);

(ii)a reasonable time has been allowed for the consultation of the persons referred to in sub-sub-paragraph (i) above and for any representations made by them regarding the relevant project to be forwarded to the Secretary of State; and

(iii)any timetable agreed with that [F10EEA state] regarding consultation with the persons referred to in sub-sub-paragraph (i) above has been observed; and

(d)he has taken into consideration any representations made by the [F10EEA state], members of the public and authorities in that [F10EEA state] and any information regarding the relevant project supplied by any of them [F14and, in respect of those members of the public, the Secretary of State is satisfied that they have had at least 30 days to consider the environmental statement.]

[F15(6) Where the Secretary of State has made a direction under regulation 6(2) (provision as to directions that no further environmental statements need be prepared where one already prepared) the Secretary of State shall not make the decision referred to in regulation 5A(1)(c) in respect of that project unless the Secretary of State is satisfied that the requirements of regulations 9 and 10 have been substantially met, and that, where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the statement.]

(7) Where the Secretary of State [F16agrees to the grant of consent] to a relevant project, he may (to the extent that he has no power to do so apart from this paragraph (7)) attach conditions to [F17that agreement] for the purpose of reducing or eliminating any significant adverse effects of that project on the environment.

F18(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(10) Where the Secretary of State decides that no environmental statement is required to be prepared in respect of a relevant project which is the subject of an application for a consent to which paragraph (2) or (2A) above applies, he shall publish notice of that decision—

(a)in the Gazettes; and

(b)[F20on a public website.]]

[F21(10A) In this regulation, a “Habitats Regulations Assessment” means an assessment under either regulation 5 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, or regulation 25 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007.]

F22(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments