The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011

Contents

1Citation and commencement#

These Regulations may be cited as the Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.

2Interpretation#

In these Regulations “the 2005 Regulations” means the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005.

3Amendment of the 2005 Regulations#

The 2005 Regulations are amended as follows.

4Amendment of the 2005 Regulations#

In regulation 2 (interpretation)—

(a)for the definition of “discharge” substitute—“• “business day” means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971;• “discharge”, in relation to oil, means any intentional emission of the oil from an offshore installation into the relevant area;”

(b)omit the definition of “emission”, and in its place insert—“• “enforcement notice” means a notice served under regulation 13(1) or (1A);”

(c)after the definition of “existing exemption”, insert—“• “installation” includes any floating structure or device maintained on a station by whatever means;• “notice” means notice in writing;”

(d)for the definition of “offshore installation”, substitute—“• “offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, any activity in respect of which the Secretary of State exercises functions under the Petroleum Act 1998;”

(e)after the definition of “operator”, insert—“• “permit” means an authorisation granted by the Secretary of State pursuant to these Regulations to discharge oil;”

(f)in the definition of “permit holder” omit “granted under these Regulations”;

(g)in the definition of “pollution”, for “relevant waters” substitute “the relevant area”;

(h)after the definition of “pollution”, insert—“• “prohibition notice” means a notice served under regulation 14(1);• “release”, in relation to oil, means the emission (other than by way of discharge) of the oil from an offshore installation into the relevant area;”

(i)omit the definition of “relevant waters” and in its place insert—“• “relevant area” means that area (together with places above and below it) comprising—(a) those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;(b) the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and Welsh controlled waters; and(c) those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964;”

(j)after the definition of “Scottish controlled waters”, insert—“• “Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991.”

5Amendment of the 2005 Regulations#

In regulation 3 (discharge permits)—

(a)in paragraph (1), omit “into relevant waters” and “granted in accordance with these Regulations”;

(b)in paragraph (2)—

(i)omit “under these Regulations”; and

(ii)for sub-paragraph (c), substitute—“c the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008.”

(c)in paragraph (3)(a), omit “in writing”; and

(d)omit paragraph (4).

6Amendment of the 2005 Regulations#

After regulation 3 insert—“3A No person shall—a release any oil; orb allow such a release to continue.”

7Amendment of the 2005 Regulations#

In regulation 4 (grant or refusal and contents of permits)—

(a)in sub-paragraph (c) of paragraph (2) for “accidents” substitute “incidents”;

(b)for paragraph (3), substitute —“3 A permit may be granted for a period specified in the permit or without limit of time.”

(c)after paragraph (4) insert—“5 Where a permit is granted, the Secretary of State must send the permit to the applicant.6 Where a permit is refused, the Secretary of State must send notice of such refusal to the applicant.”

8Amendment of the 2005 Regulations#

In regulation 5 (contents of permit application)—

(a)in paragraph (1)—

(i)omit “by the operator of the offshore installation”;

(ii)after sub-paragraph (b) omit “and”;

(iii)in sub-paragraph (c) for “sought.” substitute “sought; and”; and

(iv)after sub-paragraph (c) insert—“d an assessment of the risk of harm to the environment from the proposed discharge of oil.”

(b)in paragraph (2)—

(i)omit “in writing”; and

(ii)for “operator” substitute “applicant”.

9Amendment of the 2005 Regulations#

After regulation 5 insert—“5A 1 Except where the permit application is one to which paragraph (5) applies, for a period of not less than four weeks immediately following the publication of the notice referred to in paragraph (2) (or last publication, where it is published in more than one newspaper or on more than one occasion), a permit applicant shall—a having regard to the general whereabouts of any persons likely to be interested in, or affected by, the discharge of oil to which the application relates, make a copy of the application available for public inspection between the hours of 10 am and 4 pm on business days at an address in the United Kingdom; andb subject to paragraph (4), supply a copy of the application to any person on request.2 A permit applicant shall publish in such newspapers on such occasions as to be likely to come to the attention of any persons likely to be interested in, or affected by, the discharge of oil to which the application relates, a notice which—a describes the application;b gives the address at which a copy of the application may be inspected;c gives the address from which a copy of the application may be requested and specifies the amount of any payment required in accordance with paragraph (4); andd states a date not less than four weeks after the date on which the notice is to be last published by which any person may make representations in relation to the application to the Secretary of State and specifies the address to which any such representations are to be sent.3 The permit applicant shall provide the Secretary of State with copies of the newspapers in which the notice appeared.4 Where a copy of the application is demanded in accordance with paragraph (1)(b), the permit applicant—a must supply a copy as soon as reasonably practicable; andb may make the supply of a copy conditional on the payment of a sum reflecting the cost of printing and distribution, subject to a maximum of £10 per copy.5 This regulation does not apply to applications made—a in connection with a relevant project for which the Secretary of State gives a direction, pursuant to regulation 6 of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999, that no environmental statement need be prepared;b in connection with a discharge from a pipeline, being a discharge to which the Secretary of State gives consent pursuant to an authorisation issued under Part 3 of the Petroleum Act 1998; orc in connection with activities carried out in accordance with an abandonment programme approved by the Secretary of State under Part 4 of the Petroleum Act 1998.”

10Amendment of the 2005 Regulations#

In regulation 6 (fees)—

(a)in paragraph (1) after “charge” insert “applicants for permits, permit holders or”; and

(b)in paragraph (2), for sub-paragraphs (a) to (c) substitute—“a an application for the grant or renewal of a permit;b a review, or an application for a review, of a permit or the conditions to which it is subject;c a request for the Secretary of State’s consent to the transfer of a permit;”

11Amendment of the 2005 Regulations#

After regulation 6 insert—“6A 1 Subject to paragraph (2), a permit holder may apply in writing to the Secretary of State to renew the permit.2 An application for renewal of a permit pursuant to paragraph (1) shall be made no more than three months before the expiry of the permit.3 The Secretary of State may grant or refuse an application received under paragraph (1).4 Where the Secretary of State grants the renewal of a permit—a the Secretary of State may make the grant subject to such further terms and conditions as the Secretary of State considers fit; andb notice of the renewal and of any terms and conditions to which the renewal is subject under sub-paragraph (a) has effect once served on the applicant.5 Where the Secretary of State refuses an application under this regulation, notice of such refusal shall be sent to the applicant.”

12Amendment of the 2005 Regulations#

In paragraphs (3) and (6) of regulation 7, omit “in writing”.

13Amendment of the 2005 Regulations#

For regulation 8 (assignment of permit) substitute—“8 A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted under the permit, to another person.”

14Amendment of the 2005 Regulations#

In regulation 9 (revocation and surrender of permits) omit—

(a)“in writing”in both places where it occurs; and

(b)“granted pursuant to these Regulations”.

15Amendment of the 2005 Regulations#

After regulation 9 insert—“9A 1 The Secretary of State shall keep a register at a place in the United Kingdom in which shall be entered—a the terms and conditions of any permits; andb the results of any monitoring information required to be sent to the Secretary of State under the conditions of any permit.2 The register shall be open to public inspection on business days from 10 am to 4 pm.”

16Amendment of the 2005 Regulations#

After regulation 11 (registry) insert—“11A 1 A person who discharges or releases oil shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purpose of performing the Secretary of State’s functions under these Regulations.2 The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of—a an incident resulting in a discharge of oil save in accordance with the terms of, or conditions attached to, a permit;b an incident resulting in a release; orc any other incident involving oil where there has been, or may be, any significant effect on the environment by means of pollution.3 For the purposes of this regulation “effect” includes any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect.”

17Amendment of the 2005 Regulations#

In regulation 12 (inspectors)—

(a)in sub-paragraph (b) of paragraph (1) after “discharge” insert “or release”;

(b)in paragraph (3)—

(i)in sub-paragraph (a) after “discharge” insert “or release”; and

(ii)in sub-paragraph (j) omit “granted under these Regulations”.

18Amendment of the 2005 Regulations#

In regulation 13 (enforcement notices)—

(a)in paragraph (1) omit “in writing (“an enforcement notice”)”;

(b)after paragraph (1), insert—“1A If the Secretary of State is of the opinion that a release or a discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 12 may serve on the permit holder or, if there is no permit holder, the operator, a notice which—a states that the Secretary of State is of that opinion;b specifies the matters which constituted, constitute, or are likely to constitute the release or discharge;c specifies the remedial steps that must be taken; andd specifies the period within which those steps must be taken.1B The Secretary of State may serve a notice on a permit holder to vary the period within which remedial steps must be taken under an enforcement notice.”

(c)in paragraph (3)—

(i)after “paragraph (1)(c)” insert “or (1A)(c)”; and

(ii)after “contravention” insert “, release or discharge”;

(d)in paragraph (6), omit “served under paragraph (1)”; and

(e)in paragraph (7), for “paragraphs (1) and (4)” substitute “paragraph (1), (1A) or (4)”.

19Amendment of the 2005 Regulations#

In regulation 14 (prohibition notices)—

(a)in paragraph (1)—

(i)after “discharge” insert “or release”;

(ii)omit “in writing (“a prohibition notice”)”; and

(iii)after “permit holder” insert “or, if there is no permit holder, the operator”;

(b)in paragraph (2) omit “granted under these Regulations”; and

(c)in paragraph (3)—

(i)in sub-paragraph (c) omit “and the period within which they must be taken”;

(ii)after sub-paragraph (c)—

(aa)omit “and”; and

(bb)insert—“ca may specify the period within which any such steps must be taken; and”

(iii)in sub-paragraph (d) omit “granted under these Regulations”.

20Amendment of the 2005 Regulations#

In regulation 15 (appeal to the High Court, Court of Session, or High Court in Northern Ireland)—

(a)for paragraph (2) substitute—“2 Subject to paragraph (6), any applicant for a permit, permit holder or operator aggrieved by a decision of the Secretary of State made under these Regulations may appeal to the court.”

(b)in paragraph (3)—

(i)in each of sub-paragraphs (a), (b) and (c) after “discharge” insert “or release”;

(ii)in paragraph (b) omit “(excluding Scottish controlled waters)”; and

(c)in paragraph (4)—

(i)after “discharged” where it occurs for the first and third time insert “or released”;

(ii)omit “(excluding Scottish controlled waters)”.

21Amendment of the 2005 Regulations#

In regulation 16 (offences)—

(a)in paragraph (1)—

(i)after sub-paragraph (a) insert—“aa contravenes regulation 3A;”

(ii)in sub-paragraph (c) omit “granted under these Regulations”;

(iii)in sub-paragraph (d) for “3(4)” substitute “11A”; and

(iv)in paragraph (i) of sub-paragraph (g) for “assignment” substitute “transfer”.

(b)in paragraph (2)—

(i)after “(1)(a)” insert “or (1)(aa)” and delete “, (1)(b), (1)(c) or 1(d),” and

(ii)after “contravention” delete “or failure”;

(c)in paragraph (3), for sub-paragraph (a) substitute—“a that the thing done was not a reasonable step to take in the circumstances;”

(d)in paragraph (4), omit “into relevant waters”; and

(e)after paragraph (10) insert—“11 Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.12 Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.”

22Amendment of the 2005 Regulations#

In regulation 18 (Disapplication or consequential modifications of enactments), in paragraph (1), for “discharges of oil which are regulated by a permit” substitute “any emission of oil which is a discharge or release for the purposes of these Regulations”.

23Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010#

Article 9 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 is amended as follows—

(a)in paragraphs (2) and (3), for “installation established or maintained” insert “installation or pipeline established or maintained”; and

(b)in paragraph (3), for “relevant waters” to the end, substitute “the relevant area does not include areas (or places above and below them) comprised in the territorial sea adjacent to Scotland or Wales.”.

24Transitional provision#

The amendments made by regulation 21 do not have effect in relation to a contravention which occurred, or proceedings which commenced, before the coming into force of these Regulations.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 11

Show every defined term

business day
means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971;
effect
includes any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect.”
enforcement notice
means a notice served under regulation 13(1) or (1A);”
installation
includes any floating structure or device maintained on a station by whatever means;
notice
means notice in writing;”
offshore installation
means an installation or pipeline which is used for the purposes of, or in connection with, any activity in respect of which the Secretary of State exercises functions under the Petroleum Act 1998;”
permit
means an authorisation granted by the Secretary of State pursuant to these Regulations to discharge oil;”
prohibition notice
means a notice served under regulation 14(1);
relevant area
means that area (together with places above and below it) comprising— (a) those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
the 2005 Regulations
means the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005.
Welsh controlled waters
means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991.”

1Citation and commencement#

2Interpretation#

3Amendment of the 2005 Regulations#

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23Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010#

24Transitional provision#

Connections

Defined terms · 11

History · 1 version

1Citation and commencement#

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23Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010#

24Transitional provision#

Key facts