Statutory Instruments 1999 No. 360
The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999
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Opinion by Secretary of State as to content of environmental statements
     7.  - (1) Subject to paragraphs (2) and (3) below, the Secretary of State shall on the application of an undertaker containing the appropriate particulars give an opinion as to the matters to be included in an environmental statement in respect of the relevant project referred to in that application.

    (2) The Secretary of State shall not give his opinion pursuant to paragraph (1) above unless-

    (3) An opinion given pursuant to paragraph (1) above shall be without prejudice to the power of the Secretary of State to request further information under regulation 10 below (provision to Secretary of State of further information and evidence respecting environmental statements) or regulation 11(5) below (further information in respect of environmental statements in relation to exercise of powers under licences by Secretary of State).

Obtaining of information for the preparation of environmental statements
    
8.  - (1) This regulation applies where an undertaker makes an application to the Secretary of State containing appropriate particulars in respect of a relevant project for the provision to the undertaker of any information which-

    (2) On receipt of such an application as is mentioned in paragraph (1) above, the Secretary of State shall-

    (3) Where a notice pursuant to paragraph (2)(c) above is served on an environmental authority by the Secretary of State, the authority shall, subject to paragraph (4) below, provide to the undertaker concerned, within the period specified in the notice, any information held by it which it considers is of the kind mentioned in paragraph (1) above.

    (4) Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of the United Kingdom subject to any obligation of confidentiality.

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

    (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.

Provision to Secretary of State of further information and evidence respecting environmental statements
    
10.  - (1) The Secretary of State may by notice require an undertaker to provide in respect of an environmental statement provided to him pursuant to these Regulations such further information as the Secretary of State may require, including evidence in support of any information in that statement.

    (2) Where the Secretary of State is of the opinion that information provided pursuant to a requirement imposed under paragraph (1) above ought to have been included in the environmental statement in question, he shall in writing direct the undertaker to-

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

Exercise by Secretary of State of powers under licences
    
11.  - (1) Where the Secretary of State exercises any powers under a licence so as to require a licensee to submit to him for his approval any proposals for the carrying out of a relevant project comprising a development then, subject to paragraph (2) below, any proposals so submitted shall be accompanied by an environmental statement.

    (2) Proposals of the kind referred to in paragraph (1) above need not be accompanied by an environmental statement where-

    (3) The Secretary of State may revoke a direction given under paragraph (2) above.

    (4) Where the Secretary of State proposes to exercise powers under a licence to impose a requirement on a licensee to carry out a relevant project comprising a development-

he shall serve a notice on the licensee setting out details of the relevant project which he proposes that the licensee should be required to carry out and requiring the licensee to provide him with an environmental statement in respect of that project within such time as may be specified in the notice.

    (5) Where-

regulations 9 (procedure on receipt of application for consent accompanied by environmental statement; publicity requirements; provision of environmental statements to public) and 10 (provision to Secretary of State of further information and evidence respecting environmental statements) above shall apply in respect of such an environmental statement in the same way as they apply to an application for a consent accompanied by an environmental statement save that references to the application for consent shall be treated as references to the proposals submitted by the licensee or, as the case may be, to the notice served pursuant to paragraph (4) above.

    (6) The Secretary of State shall not approve proposals which entail the carrying out of a relevant project comprising a development or exercise any power under a licence to require the carrying out of a relevant project comprising a development where in either case an environmental statement has been submitted to him, unless he is satisfied that the requirements of regulations 9 and 10 above as they apply by virtue of paragraph (5) above have been substantially met and he has taken into account-

    (7) Where under regulation 12(2) below (request by member State to participate in procedure under the Regulations in relation to relevant project affecting it) any other member State has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to grant an approval or impose a relevant requirement in respect of a relevant project, the Secretary of State shall not grant an approval or impose a relevant requirement in respect of that project unless-

    (8) Where, having considered the matters referred to in paragraphs (6) and (7) above, the Secretary of State approves any proposals of the kind referred to in paragraph (1) above or imposes any relevant requirement, he may (to the extent that he has no power to do so apart from this paragraph (8)) attach conditions to that approval or requirement for the purpose of reducing or eliminating any significant adverse effects of the relevant project referred to in those proposals.

    (9) The Secretary of State shall publish in the Gazettes-

    (10) Upon the publication in the Gazettes referred to in paragraph (9) above, the Secretary of State shall inform any EEA State which has, pursuant to regulation 12 below (projects affecting other States), been provided with a copy of the environmental statement, of the approval of the proposals or, as the case may be, of the imposition of the relevant requirement.

Projects affecting other States
    
12.  - (1) Where it appears to the Secretary of State that the carrying out of a relevant project would be likely to have a significant effect on the environment of any other member State or where any other member State which considers that its environment is likely to be significantly affected by that project so requests, the Secretary of State shall forward to the member State in question as soon as possible and no later than the date on which the environmental statement in respect of that project is made available to the public (except in a case where a request is made by the member State after that date)-

    (2) Where any other member State requests to participate in the procedure under these Regulations in relation to a relevant project, the Secretary of State shall, save to the extent that he has not already done so, send to that member State-

    (3) Where it appears to the Secretary of State that the carrying out of a relevant project would be likely to have a significant effect on the environment of an EEA State other than a member State or any such EEA State which considers that its environment is likely to be significantly affected by that project so requests, the Secretary of State shall forward to the State in question the environmental statement relating to that project at the same time as it is made available to the public pursuant to these Regulations or where a request is made after the date on which the environmental statement is made available to the public, as soon as reasonably practicable after receipt of the request by the Secretary of State.

    (4) Nothing in this regulation shall require the disclosure by the Secretary of State of any material which is subject to an obligation of confidentiality under the law of any part of the United Kingdom.

Exempt projects
    
13.  - (1) The Secretary of State may in exceptional circumstances direct that a relevant project shall be exempt in whole or in part from the requirements of these Regulations provided that he is satisfied that the carrying out of that project is not likely to have a significant effect on the environment of any other EEA State.

    (2) Prior to the giving of any such direction as is mentioned in paragraph (1) above, the Secretary of State shall inform the Commission of the European Communities of the reasons justifying the exemption to be granted and provide it with details of the information to be made available to the public pursuant to paragraph (3)(b) below.

    (3) A direction given by the Secretary of State in pursuance of paragraph (1) above shall-

    (4) A direction given by the Secretary of State in pursuance of paragraph (1) above may disapply such provisions of these Regulations as may in the circumstances appear to him to be appropriate.

    (5) The Secretary of State shall publish a copy of any direction given pursuant to this regulation in the Gazettes.

 
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Prepared 9 March 1999