The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007

Amendment of the 1999 Regulations

5.  In regulation 5 (Grant of consent by Secretary of State in respect of relevant projects)—

(a)for paragraph (1) substitute—

“(1) The Secretary of State shall not grant a consent in respect of a relevant project unless the application for that consent is—

(a)one to which paragraph (2) or (2A) below applies;

(b)accompanied by an environmental statement in respect of that project; or

(c)the subject of a direction given under regulation 6 below (provision as to directions that no environmental statement need be prepared).”;

(b)for paragraph (2) substitute—

“(2) This paragraph applies to any application for consent to the construction of a pipe-line or the augmentation of an existing pipe-line where—

(a)no part of the pipe-line to be constructed or augmented would extend more than 500 metres from a well or any part of a fixed installation to which that pipe-line would be directly or indirectly attached; and

(b)the Secretary of State has decided that having regard to the matters set out in Schedule 1 to these Regulations the operation in respect of which consent is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of the relevant project in question.”;

(c)before paragraph (3), insert—

“(2A) This paragraph applies to any application for a renewal of a consent to the getting of petroleum in relation to a relevant project (other than as the by-product of the drilling or testing of a well) where the Secretary of State has decided that, having regard to the matters set out in Schedule 1 to these Regulations, the operation in respect of which the renewal is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of that project.

(2B) For the purposes of paragraph (2A), a consent is renewed where the term of the consent is increased, but without any other variation in the conditions attached to the consent.”;

(d)in paragraph (3), for “paragraph (2) above applies” substitute “paragraph (2) or (2A) above applies”;

(e)for paragraph (8) substitute—

“(8) The Secretary of State shall publish a notice of his decision in relation to any application for consent accompanied by an environmental statement—

(a)in the Gazettes; and

(b)by any other means he considers appropriate (which may include an electronic communication).”;

(f)before paragraph (9), insert—

“(8A) A notice published under paragraph (8) above shall either—

(a)set out—

(i)the contents of the decision and any conditions attached to the decision;

(ii)the main reasons and considerations on which the decision is based;

(iii)a summary of any representations made to the Secretary of State by third parties in respect of the project in question, together with details of how those representations were taken into account; and

(iv)a description, where necessary, of the main measures required to be taken to avoid, reduce and, if possible, offset major adverse effects on the environment; or

(b)specify where details of the matters referred to in paragraph (a) above may be obtained.”;

(g)in paragraph (9), for “paragraph (8)(a)” substitute “paragraph (8A)(a)”;

(h)for paragraph (10) substitute—

“(10) Where the Secretary of State decides that no environmental statement is required to be prepared in respect of a relevant project which is the subject of an application for a consent to which paragraph (2) or (2A) above applies, he shall publish notice of that decision—

(a)in the Gazettes; and

(b)by any other means he considers appropriate (which may include an electronic communication).”; and

(i)omit paragraph (11).