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

Procedure on receipt of application for consent in respect of which environmental statement prepared; publicity requirements; provision of environmental statements to public U.K.

9.—(1) Where the Secretary of State receives an application for a consent in respect of a relevant project which is accompanied by an environmental statement, he shall forthwith serve on the undertaker concerned a notice specifying those environmental authorities which in the opinion of the Secretary of State are likely to be interested in the project by reason of their particular environmental responsibilities.

(2) The undertaker referred to in paragraph (1) above shall [F1 forthwith]–

(a) serve on each environmental authority notified to him under paragraph (1) above–

(i) a copy of the Secretary of State’s notice under paragraph (1) above;

(ii) a copy of the application for consent and the environmental statement that accompanied it; and

(iii) a notice stating that representations may be made to the Secretary of State by a date specified in the notice which shall be at least 4 weeks after the date on which the application, environmental statement and notice were served on the authority;

(b) give notice to the Secretary of State of the name of every authority whom he has served under sub-paragraph (a) above, and of the date of such service;

(c) having regard to the general whereabouts of any persons likely to be interested in, or affected by, the relevant project, make available for public inspection at an address within the United Kingdom between the hours of 10 a.m. and 4 p.m. on business days for a period of not less than 4 weeks immediately following the publication (or last publication, where it is published in more than one newspaper or on more than one occasion) of the notice referred to in sub-paragraph (f) below–

(i) a copy of the application for consent; and

(ii) a copy of the environmental statement that accompanied it;

(d) make available at an address within the United Kingdom enough copies of the environmental statement to be likely to satisfy all reasonable demands for copies pursuant to sub-paragraph (e) below;

(e) subject to sub-paragraph (d) above and the receipt by the undertaker of any sum mentioned in the notice referred to in sub-paragraph (f) below, supply during the period mentioned in sub-paragraph (c) above to any person on request, a copy of the environmental statement; and

[F2 (f) publish a notice which—

(i) describes the application and states that it is accompanied by an environmental statement;

(ii) states that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that regulation 12 applies;

(iii) gives the address referred to in sub-paragraph (c) above at which a copy of the application for consent and environmental statement may be inspected;

(iv) states the nature of possible decisions in response to the application;

(v) sets out the arrangements made for consulting the public pursuant to this regulation;

(vi) states that a copy of the environmental statement may be obtained from the address referred to in sub-paragraph (d) above and, subject to paragraph (4) below, specifies the amount of any payment required to be tendered for the statement;

(vii) states a date not less than 4 weeks after the date on which the notice is last published pursuant to paragraph (2A) below by which any person may make representations in relation to the application in question to the Secretary of State, and specifies the address to which any such representations are to be sent; and

(viii) provides an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 16 below.]

[F3 (2A) The undertaker shall publish the notice referred to in paragraph (2)(f) above—

(a) on such occasions as to be likely to come to the attention of those likely to be interested in, or affected by, the relevant project; and

(b) in such newspapers and by such other means (which may include an electronic communication) as the Secretary of State may direct.]

(3) The undertaker shall provide to the Secretary of State copies of the newspapers in which the notice referred to in paragraph (2)(f) above appeared.

(4) An undertaker may make the supply of a copy of an environmental statement to any person other than an environmental authority conditional on the receipt by the undertaker of a sum calculated by reference to the cost of printing and distributing copies of the statement, subject to a maximum of £2.00 for each copy requested.

(5) Where an undertaker is subject to an obligation to supply a copy of an environmental statement pursuant to a request made under paragraph (2)(e) above, he shall supply a copy of the environmental statement to the person requesting it as soon as reasonably practicable after receipt of the request.

Textual Amendments

F1 Word in reg. 9(2) inserted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 7(a) (with reg. 14)

F2 Reg. 9(2)(f) substituted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 7(b) (with reg. 14)

F3 Reg. 9(2A) inserted (16.4.2007) by The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 (S.I. 2007/933), regs. 1, 7(c) (with reg. 14)