The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Statutory Instruments

2017 No. 582

Environmental Protection

Gas

Petroleum

Pipe-lines

The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Made

21st April 2017

Laid before Parliament

24th April 2017

Coming into force

16th May 2017

The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the environment and matters relating to the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons(3).

The Secretary of State has taken into account the selection criteria set out in Annex III to Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment(4).

In exercise of the powers conferred by section 2(2) of that Act, and also by section 56(1) and (2) of the Finance Act 1973(5) and with the consent of the Treasury, the Secretary of State makes the following Regulations:

(1)

S.I. 2008/301.

(2)

1972 c.68; section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations created or arising under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993. Annex XX to that Agreement provides that the term “Member State” in Directive 2011/92/EU includes Iceland, Liechtenstein and Norway. Regulation 7, 9,14,15, 37 and 38 of these Regulations makes provision in relation to “EEA states”.

(3)

This is designated by S.I. 1994/1327.

(4)

O.J. L 26, 28.1.2012, p. 1. The Directive was amended by Directive 2014/52/EU of the European Parliament and of the Council of 16th April 2014, O.J. L 124, 25.4.2014, p. 1.

(5)

1973 c.51; section 56(1) was amended by S.I. 2011/1043. The consent of HM Treasury is required to make regulations under section 56(1) of the Finance Act 1973.