Regulation 8(1)(b) and (4) and 11(4)
1.—(1) The OTL application must contain—
(a)a chart or map, or both, sufficient to identify the locations of the proposed cargo transfers to be carried out under the oil transfer licence and the extent of any onshore infrastructure alterations which the cargo transfers would involve;
(b)a description of the proposed cargo transfers, including—
(i)the types of substances to be transferred;
(ii)the maximum quantities of each substance to be transferred in any single operation and/or within any specified time period;
(iii)the frequency of transfers; and
(iv)the types of ship to be used to carry out the transfers; and
(c)an environmental statement in respect of the cargo transfers which—
(i)is in writing; and
(ii)contains the information specified in paragraph 2 (environmental statement).
(2) The harbour authority must comply with any reasonable request made by the Secretary of State as to—
(a)the format in which the harbour authority must provide the material referred to in sub-paragraph (1); and
(b)the number of copies of the material in that format that the harbour authority must provide to the Secretary of State.
(3) If the Secretary of State has made a request under sub-paragraph (2), the Secretary of State need not—
(a)deal further with the OTL application; or
(b)exercise any functions under these Regulations in relation to the OTL application,
until the harbour authority has complied with that request.
2.—(1) The environmental statement must contain—
(a)a description of any aspects of the environment likely to be significantly affected by the proposed cargo transfers, including—
(i)human beings, fauna and flora;
(ii)soil, water, air, climate and the landscape;
(iii)material assets and cultural heritage; and
(iv)the interaction between any two or more of the things mentioned in sub-paragraphs (i) to (iii);
(b)a description complying with sub-paragraph (2), of any significant effects the proposed cargo transfers are likely to have on the environment resulting from—
(i)the nature of the activities to be carried out and the manner in which they are to be carried out;
(ii)the use of natural resources;
(iii)the emission of pollutants;
(iv)the creation of nuisances; or
(v)the elimination of waste;
(c)a description of the forecasting methods used by the harbour authority to assess any effects that the proposed cargo transfers are likely to have on the environment;
(d)a description of the measures envisaged to prevent or reduce, and where possible offset, any significant effects of the proposed cargo transfers on the environment, including, if appropriate, any changes proposed to the harbour authority’s oil pollution emergency plan maintained in accordance with regulation 4 (oil pollution emergency plans) of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(1);
(e)if applicable, an outline of the main alternatives to the proposed cargo transfers studied by the harbour authority and an indication of the main reasons for its choice, taking into account the environmental effects of those alternatives and the proposed cargo transfers;
(f)a non-technical summary of the information provided under paragraphs (a) to (e); and
(g)a description of any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any information specified in paragraphs (a) to (e).
(2) The description referred to in sub-paragraph (1)(b) must cover—
(a)direct and indirect effects;
(b)secondary effects;
(c)cumulative effects;
(d)short-term, medium-term and long-term effects;
(e)permanent and temporary effects; and
(f)positive and negative effects.
3.—(1) Where the Secretary of State reasonably considers that—
(a)further information is required for the proper consideration of the likely environmental effects of the proposed cargo transfers, and
(b)the harbour authority is or should be able to provide such information,
the Secretary of State must notify the harbour authority in writing of the matters on which further information is required.
(2) If the Secretary of State has provided the notification mentioned in sub-paragraph (1), the Secretary of State need not—
(a)deal further with the OTL application; or
(b)exercise any functions under these Regulations in relation to the OTL application,
until the harbour authority has provided that information.
4.—(1) The Secretary of State must either—
(a)supply the documents set out in sub-paragraph (2) to the consultation bodies, or
(b)direct the harbour authority to supply them to the consultation bodies.
(2) The documents referred to in sub-paragraph (1) are—
(a)a copy of the OTL application;
(b)a copy of any further information supplied by the harbour authority to the Secretary of State under paragraph 3 (provision of further information); and
(c)a letter stating that any representation regarding the OTL application should be made in writing to the Secretary of State, at an address specified in the letter, within the period of 42 days beginning with the date of the letter, or such longer period as may be agreed between the consultation bodies and the Secretary of State.
(3) The Secretary of State must either—
(a)publicise the OTL application by the method set out in sub-paragraph (4), or
(b)direct the harbour authority to publicise the OTL application by the method set out in sub-paragraph (4).
(4) The method referred to in sub-paragraph (3) is—
(a)the publication, in two successive weeks, of a notice containing the information set out in sub-paragraph (5) in such newspapers or other publications as the Secretary of State considers appropriate, and
(b)such other steps as the Secretary of State considers appropriate.
(5) The information referred to in sub-paragraph (4) is—
(a)the harbour authority’s name and correspondence address;
(b)confirmation that an environmental statement has been submitted in connection with the OTL application and that further information, if any, has been provided to the Secretary of State;
(c)a description of the proposed cargo transfers, including—
(i)the types of substances to be transferred;
(ii)the maximum quantities of each substance to be transferred in any single operation and/or within any specified time period;
(iii)the anticipated frequency of transfers; and
(iv)the types of ship to be used to carry out the transfers;
(d)the address of an office of the Secretary of State, or other place nominated by the Secretary of State, at which copies of the OTL application and the further information, if any, may be inspected free of charge at all reasonable hours, within the period of 42 days beginning with the date of publication of the notice;
(e)the address from which copies of the OTL application and the further information, if any, may be obtained from the Secretary of State and, if a charge is to be made for a copy, the amount, not exceeding a reasonable charge for copying, of the charge; and
(f)a statement that any person wishing to make representations regarding the OTL application and the further information, if any, should make them in writing to the Secretary of State at an address specified in the notice, within the period of 42 days beginning with the date of publication of the notice.
(6) The Secretary of State need not deal further with, or exercise any functions under these Regulations in relation to, the OTL application until—
(a)the harbour authority has complied with any directions given in accordance with sub-paragraph (1)(b) or (3)(b); and
(b)the expiry of—
(i)the consultation period, including any extension agreed in accordance with sub-paragraph (2)(c); and
(ii)the period for the making of representations in accordance with sub-paragraph (5)(f).
5.—(1) In reaching a licence decision, the Secretary of State must—
(a)have regard to—
(i)the OTL application;
(ii)any further information provided by the harbour authority pursuant to a notification under paragraph 3;
(iii)any representations received in accordance with the letter referred to in paragraph 4(2)(c); and
(iv)any representations received in accordance with the statement referred to in paragraph 4(5)(f); and
(b)take into account the direct and indirect effects of the proposed cargo transfers on—
(i)human beings, fauna and flora;
(ii)soil, water, air, climate and the landscape;
(iii)material assets and the cultural heritage; and
(iv)the interaction between any two or more of the things mentioned in sub-paragraphs (i) to (iii).
(2) The Secretary of State must send written confirmation of the licence decision to—
(a)the harbour authority;
(b)any consultation body which responded to the consultation in accordance with the letter referred to in paragraph 4(2)(c); and
(c)any person from whom the Secretary of State received representations in accordance with the statement referred to in paragraph 4(5)(f).
(3) The written confirmation must include—
(a)the main reasons and considerations on which the licence decision was based, including any opinion of the European Commission on matters of overriding public interest obtained under paragraph 3(5) of Schedule 1;
(b)if the licence decision involves granting the oil transfer licence, a description of any measures that must be taken in consequence of the grant to avoid or reduce, and where possible offset, any environmental effects of the cargo transfers; and
(c)such maximum duration of the oil transfer licence, if any, as the Secretary of State considers appropriate.
(4) The Secretary of State must ensure, as soon as possible after written confirmation is sent to the harbour authority pursuant to sub-paragraph (2)(a), that the licence decision is publicised in such manner as the Secretary of State considers appropriate.
S.I. 1998/1056; relevant amending instruments are S.I. 2015/386, 2015/398, 2016/992.