The Conservation of Habitats and Species Regulations 2017

Plans or projects relating to offshore marine area or offshore marine installations

4.—(1) Nothing in these Regulations requires an appropriate assessment of any plan or project so far as that plan or project is to be carried out on, in or in relation to any part of the sea in the offshore marine area, or on or in relation to an offshore marine installation.

(2) In paragraph (1)—

“offshore marine area” means—

(a)

any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf)(1); and

(b)

any part of the waters within British fishery limits(2) (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);

“offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

(a)

in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

(b)

in any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)(3).

(1)

1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 1; and the Energy Act 2011 (c. 16), section 103. Areas have been designated under section 1(7) by S.I. 1987/1265 and 2013/3162.

(2)

As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

(3)

2004 c. 20. Section 84(4) was amended by the Marine Act, Schedule 4(1), paragraph 4(2). Areas have been designated under section 84(4) by S.I. 2004/2668 and S.I. 2013/3161 (which revoked S.I. 2004/2668).