Statutory Instruments 1999 No. 360
The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 - continued

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Service of notices
     14.  - (1) Any notice or other document required or authorised to be given or served on any person under these Regulations may be given or served by-

    (2) Any notice or other document required or authorised to be served on, or given to, any body corporate or unincorporated association other than a partnership shall be duly given or served on the secretary or clerk or other similar officer of that body.

    (3) Any notice or other document required or authorised to be served on, or given to, any partnership may be served on or given to a partner or a person having the control or management of the partnership business.

    (4) Subject to paragraph (5) below, for the purpose of this regulation, the proper address of any person on whom or to whom any such notice or document is to be served or given shall be his last known address except that such address shall be-

    (5) If the person to be served with or given any such notice or document has furnished the person by whom the notice or document is to be served or given with an address pursuant to any provision of these Regulations, that address shall also be treated for the purposes of this regulation as his proper address.

Applications to the court
     15.  - (1) Subject to paragraph (3) below, for the purposes of regulations 16 (application to court by person aggrieved) and 17 (application to court by Secretary of State) below, the expression "the court" means-

    (2) In this regulation the expressions "the English area", "the Scottish area" and "the Northern Irish area" shall have the same meanings as in the Civil Jurisdiction (Offshore Activities) Order 1987[7].

    (3) Where a project is situated in more than one of the areas referred to in paragraph (1) above, then any of the courts having jurisdiction in those areas shall have jurisdiction in relation to any question arising under regulation 16 or 17 below.

Application to court by person aggrieved
     16.  - (1) On the application of any person aggrieved by the grant of consent in respect of a relevant project in relation to which an environmental statement was required to be submitted by virtue of regulation 4(1) above (grant of consent by Secretary of State in respect of relevant projects), the court may grant an order quashing the grant of consent where it is satisfied that the consent was granted in contravention of regulation 5(2)(b) above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by any failure to comply with any other requirement of these Regulations.

    (2) On the application of any person aggrieved by-

in respect of a relevant project in relation to which an environmental statement was required to be submitted by virtue of regulation 11 above (exercise by the Secretary of State of powers under licences), the court may grant an order quashing the approval or, as the case may be, the imposition of the relevant requirement where it is satisfied that the approval or, as the case may be, the imposition of the relevant requirement was in contravention of regulation 9(5) above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by any failure to comply with any other requirement of these Regulations.

    (3) An application to the court under this regulation shall be made within six weeks from the date of publication in the Gazettes of details of the consent, approval or, as the case may be, imposition of the relevant requirement.

    (4) The court may by interim order, pending the determination of any question referred to in paragraphs (1) and (2) above, stay the operation of the consent, approval or, as the case may be, the relevant requirement on such terms as it may think fit.

Application to the court by Secretary of State
     17.  - (1) Subject to paragraphs (3) and (6) below, where-

the court may, on the application of the Secretary of State, make an order restraining the continued carrying out of the relevant project or compelling the performance of any act required to be done by a condition of the kind mentioned in sub-paragraph (b) above.

    (2) The court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring-

    (3) The court shall not grant an order under this regulation in respect of a breach of any condition of the kind mentioned in paragraph (1)(b) above where-

    (4) Where the undertaker fails to comply with the terms of an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required to be taken by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the undertaker.

    (5) Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the undertaker's failure to comply with the order.

    (6) This regulation shall not apply to anything done in relation to a project which is the subject of an exemption granted pursuant to regulation 13 above (exempt projects).

Offences
     18.  - (1) Subject to paragraph (3) below, any person who intentionally or recklessly submits to the Secretary of State-

which is false or misleading in a material particular shall be guilty of an offence.

    (2) Subject to paragraphs (3), (4) and (8) below, an undertaker who-

shall be guilty of an offence.

    (3) Paragraphs (1) and (2) above shall not apply to anything which is an offence by virtue of section 21 of the Petroleum Act 1998[8] (enforcement).

    (4) It shall be a defence to a charge under paragraph (2)(a) above for the undertaker to show-

    (a) that he took all reasonable steps to avoid the commission of the offence; or

    (b) that the acts in question were attributable to anything required to be done as a matter of urgency for the purposes of securing the safety of any person.

    (5) A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

    (6) Where any offence provided for by this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or on the part of any person purporting to act in such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (7) Where the affairs of a body corporate are managed by its members, paragraph (6) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (8) This regulation shall not apply to anything done in relation to a project which is the subject of an exemption granted pursuant to regulation 13 above (exempt projects).

    (9) No proceedings shall be instituted in England and Wales or Northern Ireland except-

    (a) in the case of proceedings in England and Wales, by or with the consent of the Director of Public Prosecutions; or

    (b) in the case of proceedings in Northern Ireland, by or with the consent of the Director of Public Prosecutions for Northern Ireland; or

    (c) in any case, by the Secretary of State or a person authorised by him in that behalf.

    (10) Section 3 of the Territorial Waters Jurisdiction Act 1878[9] (restriction on prosecutions) shall not apply to any proceedings for an offence under this regulation.

    (11) Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.


John Battle
Minister for Energy and Industry, Department of Trade and Industry

17th February 1999



SCHEDULE 1
Regulations 5(2), 6(3) and 11


MATTERS TO BE TAKEN INTO ACCOUNT IN DECIDING WHETHER RELEVANT PROJECT LIKELY TO HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT


Characteristics of projects
     1. The characteristics of projects having regard, in particular, to-

    (a) the size of the project;

    (b) the cumulation with other projects;

    (c) the use of natural resources;

    (d) the production of waste, pollution and nuisances; and

    (e) the risk of accidents, having regard in particular to substances or technologies used.

Location of projects
     2. The environmental sensitivity of geographical areas likely to be affected by projects having regard, in particular, to-

Characteristics of the potential impact
     3. The potential significant effects of projects in relation to criteria set out under 1 and 2 above, and having regard in particular to-

    (a) the extent of the impact (geographical area and size of the affected population);

    (b) the trans-frontier nature of the impact;

    (c) the magnitude and complexity of the impact;

    (d) the probability of the impact; and

    (e) the duration, frequency and reversibility of the impact.



SCHEDULE 2
Regulation 3


CONTENTS OF ENVIRONMENTAL STATEMENTS


(a) A description of the project comprising information on the site, design and size of the project and where relevant to the particular characteristics of the project or the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the information having regard to current knowledge and methods of assessment, such a description shall include-

    (i) the land and seabed use requirements during the construction and operational phases;

    (ii) a description of the main characteristics of the production processes including the nature and quantity of the materials used; and

    (iii) an estimate by type and quantity of the expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed project;

(b) a description of the measures envisaged in order to avoid, reduce and, if possible remedy significant adverse effects on the environment;

(c) the data required to identify and assess the main effects which the project is likely to have on the environment and where relevant to the particular characteristics of the project or the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the data having regard to current knowledge and methods of assessment such data shall include-

    (i) a description of specific aspects of the environment likely to be significantly affected including in particular human population, fauna, flora, soil including the seabed and its subsoil, water including the sea and any aquifers under the seabed, air, climatic factors, the landscape or the seascape, tangible property, architectural and archaeological heritage and the interaction between any of the foregoing; and

    (ii) a description of the likely significant effects on the environment arising from the existence of the project, the use of natural resources, the emission of pollutants, the creation of nuisances and the elimination of waste together with details of the forecasting methods used to assess the effects on the environment;

(d) an outline of the main alternatives (if any) studied by the undertaker and an indication of the main reasons for his choice, taking into account the environmental effects;

(e) a non-technical summary of the information provided under the above headings; and

(f) where relevant to the particular characteristics of the project and the environmental features likely to be affected and to the extent that the undertaker might reasonably be required to compile the information having regard to current knowledge and methods of assessment, an indication of any difficulties (technical difficulties or lack of know-how) encountered by the undertaker in compiling the required information.


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p.40) as amended by Council Directive 97/11/EC (O.J. No. L73, 3.3.97, p.5) on the assessment of the effects of certain public and private projects on the environment in so far as it relates to the effects on the environment of certain offshore oil and gas projects. They revoke the Offshore Petroleum and Pipe-lines (Assessment of Environmental Effects) Regulations 1998 (S.I. 1998/968) subject to savings in respect of applications for consent which are received prior to 14th March 1999. The 1998 Regulations implemented the 1985 Directive in its unamended form and these Regulations substantially remake the provisions of those Regulations with the amendments necessary to implement the 1997 amending Directive.

Directive 85/337/EEC in its unamended form applies to the European Economic Area (EEA) (see Article 74 of, and paragraph 1 of Annex XX to, the Agreement on the European Economic Area (Cm 2073) as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2183)  -  the Annexes to the Agreement are subject to amendment from time to time by the EEA Joint Committee established under Article 92 of the Agreement) with the result that there is only a requirement to provide a member of the EEA which is not a member of the European Union with information in respect of projects likely to have significant trans-boundary effects. Member States, however, are given rights to participate in the decision making process (regulation 12).

Provision is made requiring the Secretary of State where he grants licences pursuant to the Petroleum Act 1998 to include in such licences requirements to obtain his consent to the drilling of a well, the getting of petroleum (where the amount exceeds 500 tonnes per day in the case of oil and 500,000 cubic metres per day in the case of gas) and to the erection of any structure in connection with a development. Provision is also made requiring, subject to an exception in respect of the use of floating installations which commenced prior to 30th April 1998 (the date of the coming into force of the 1998 Regulations), the obtaining of the consent of the Secretary of State to the use of a floating installation in connection with a relevant project comprising a development. Provision is also made requiring the obtaining of the consent of the Secretary of State to the use of a mobile installation for the purposes of the extraction of petroleum where the main purpose of such extraction is the testing of a well (regulation 4).

Provision is made requiring applications for consent to the carrying out of specified operations in relation to certain kinds of oil and gas projects to be accompanied by an environmental statement (regulation 5). Those applications are either ones which fall within certain categories (those which relate to the getting of petroleum and the construction of installations in relation to projects producing more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day and certain large pipe-lines) or are those where the Secretary of State is not satisfied that the project will not have a significant effect on the environment.

Provision is made in respect of those cases where an environmental statement is not mandatory for the Secretary of State to decide whether the project is likely to have a significant effect on the environment. In most cases the undertaker will be required to submit particulars of the project and if the Secretary of State is satisfied that the carrying out of the relevant project will not have a significant effect on the environment he may give a direction that an application for a consent need not be accompanied by an environmental statement (regulation 6(1)). In a limited class of case (renewals of certain consents to the getting of petroleum and certain small pipe-lines) where the Secretary of State is likely already to have sufficient information a direction that no environmental statement need be submitted is not required (regulations 5(1) and 5(2)). However, even in this class of case the Secretary of State must decide whether the project is likely to have a significant effect on the environment. If he is not satisfied that the project will not have a significant effect on the environment then an environmental statement must be submitted with the application for consent.

Where the application is accompanied by an environmental statement, the Secretary of State must be satisfied before granting a consent that the requirements of the Regulations as to publicity and consultation have been substantially complied with and must consider the representations of the environmental authorities which are interested in the project by reason of their environmental responsibilities and the representations of the public (regulation 5).

Provision is made for the granting of a direction that where an environmental statement has already been submitted in respect of the project and the project has already been the subject of an assessment, applications for further consents in respect of that project need not be accompanied by an environmental statement (regulation 6(2)).

Provision is made requiring the Secretary of State to give an opinion as to the content of an environmental statement (regulation 7).

Provision is made to assist persons proposing to carry out certain oil and gas projects to obtain information to prepare environmental statements (regulation 8). Provision is made with regard to publicity requirements for applications for consents that are accompanied by environmental statements (regulation 9). Power is conferred on the Secretary of State to require persons proposing to carry out oil and gas projects to provide further information in relation to applications for consents or authorisations in respect of which environmental statements are submitted and for such information to be subject to publication requirements under regulation 9 (regulation 10).

Provision is made for the carrying out of environmental assessments in relation to the exercise by the Secretary of State of powers under licences granted or treated as granted under the 1998 Act to require proposals to be submitted to him for his approval for the carrying out of relevant projects or to require such projects to be carried out (regulation 11).

Power is conferred on the Secretary of State in whole or in part to exempt a relevant project from the provisions of the Regulations (regulation 13). Provision is made in relation to the service of notices and other documents pursuant to the Regulations (regulation 14).

Provision is made by the Regulations for the making of applications to the court by persons challenging certain decisions of the Secretary of State. Subject to certain exceptions, provision is also made for the Secretary of State to make applications to the court to seek remedies in respect of the carrying out of oil and gas projects without a consent or approval granted, or a requirement imposed, in accordance with these Regulations or in breach of conditions imposed to protect the environment (regulations 15, 16 and 17).

Provision is made creating offences in respect of the intentional or reckless submission of false or misleading information pursuant to the Regulations and subject to certain exceptions, the carrying out of activities without a consent, authorisation or approval granted, or requirement imposed, pursuant to the Regulations or in breach of conditions imposed to protect the environment (regulation 18).

A regulatory impact assessment is available from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel: 0171 215 5151).

Notes:

 [7] S.I. 1987/2197.back

[8] 1998 c. 17.back

[9] 1878 41 & 42 Vict. c. 73.back

[10] O.J. No. L103, 25.4.1979, p.1.back

[11] O.J. No. L206, 22.7.1992, p.7.back


ISBN 0 11 082081 9


 
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