The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

Regulations 6 and 7 and Schedule 4

SCHEDULE 5 Matters to be taken into account in deciding whether a project is likely to have a significant effect on the environment

Characteristics of the project

1.  The characteristics of the project having regard, in particular, to—

(a) the size and design of the project;

(b) cumulation with other existing or approved projects;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents or disasters, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example, due to water contamination or air pollution).

Location of the project

2.  The environmental sensitivity of geographical areas likely to be affected by the project, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under national legislation, or Natura 2000 as defined in regulation 3(1) of the Conservation of Habitats and Species Regulations 2017(1);

(vi) areas in which there has been a failure to meet the environmental quality standards laid down in retained EU law, or in which it is considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes and sites of historical, cultural or archaeological significance.

Type and characteristics of the potential impact

3.  The likely significant effects of the project on the environment in relation to the matters listed under paragraphs 1 and 2—

(a) having regard to the impact of the project on—

(i) population and human health;

(ii) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2) and Directive 2009/147/EC(3) on the conservation of wild birds;

(iii) land, soil, water, air and climate;

(iv) material assets, cultural heritage and the landscape;

(v) the interaction between the factors referred to in paragraphs (i) to (iv); and

(b) taking into account—

(i) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(ii) the nature of the impact;

(iii) any impact on the environment in other countries;

(iv) the intensity and complexity of the impact;

(v) the probability of the impact;

(vi) the expected onset, duration, frequency and reversibility of the impact;

(vii) the cumulation of the impact with the impact of other existing or approved projects;

(viii) the possibility of effectively reducing the impact.

(1)

S.I. 2017/1012. Amended by S.I. 2019/579. There are other amendments which are not relevant.

(2)

O.J. L 206, 22.7.1992, p. 7. The Directive was amended by Directive 97/62/EC, O.J. L 305, 8.11.1997, p. 42; Regulation (EC) No 1882/2003, O.J. L 284, 31.10.2003, p. 1; Directive 2006/105/EC, O.J. L 363, 20.12.2006, p. 368; and Directive 2013/17/EU, O.J. L 158, 10.6. 2013, p. 193.

(3)

OJ L 20, 26.1.2010, p. 7. The Directive was amended by Directive 2013/17/EU, O.J. L 158, 10.6.2013, p. 193 and Regulation (EU) 2019/1010, O.J. L 170, 25.6.2019, p.115.