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The Mercury Export and Data (Enforcement) Regulations 2010

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PART 2Competent authority

The competent authority

4.—(1) The competent authority for the purpose of the EU Regulation is—

(a)in England and Wales, the Environment Agency;

(b)in Scotland, the Scottish Environment Protection Agency;

(c)in Northern Ireland, the Department of the Environment; and

(d)in relation to offshore installations, the Secretary of State.

(2) In these Regulations, a body in paragraph (1) is a “competent authority”.

(3) In paragraph (1)(d), “offshore installation” means an installation or structure, other than a ship, which is situated in the marine area, used for carrying on one of the following activities—

(a)the exploitation or exploration of mineral resources in the marine area;

(b)the exploration of any place in the marine area with a view to the storage of gas;

(c)the conversion of any place in the marine area for the purpose of storing gas;

(d)the storage of gas in the marine area or the recovery of gas so stored;

(e)the unloading of gas at any place in the marine area;

(f)the conveyance of things by means of a pipe, or system of pipes, constructed or placed in the marine area;

(g)the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity within sub-paragraphs (a) to (f) or this sub-paragraph.

(4) In paragraph (3)—

(a)“gas” means—

(i)gas within the meaning of section 2(4) of the Energy Act 2008(1);

(ii)carbon dioxide;

(b)“installation” includes an installation within the meaning of section 16 of the Energy Act 2008;

(c)“marine area” means the area (together with the places above and below it) comprising —

(i)tidal waters and parts of the sea in or adjacent to the United Kingdom from the low water mark to the landward baseline of the United Kingdom territorial sea;

(ii)the United Kingdom territorial sea;

(iii)the area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964(2);

(d)“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—

(i)permanently rests on or is permanently attached to the seabed; or

(ii)is an installation within section 16 of the Energy Act 2008; and

(e)references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.

(2)

1964 c. 29. Section 1(7) is amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended), S.I. 2000/3062 (as amended) and S.I. 2001/3670.

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