General

Citation, commencement and interpretation

1. —(1) This Order may be cited as the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, and comes into force on 1st July 2010.

(2) In this Order—

(a) a reference to a numbered section is to that section of the Energy Act 2008; and

(b) “ Energy Act licence ” means a licence granted under section 4 or section 18.

Offshore environmental assessment

Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

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Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

3. —(1)The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001( 4 ) have effect with the modifications in paragraphs (2) to (5), and are amended in accordance with paragraphs (6) and (7).

(2) Those Regulations—

(a) apply to activities within section 2(3) or section 17(2) as they apply to oil and gas activities; and

(b) apply to activities within section 2(3) or section 17(2) carried on wholly or partly in a relevant area as they apply to offshore oil and gas activities.

(3) For the purposes of the Regulations as modified by paragraph (2)—

(a) a reference in regulation 4(2) to any provision in any Petroleum Act licence is to be read as a reference to any provision in any Energy Act licence; and

(b) “relevant function” and “relevant power” include, without limitation, functions or (as the case may be) powers exercisable by the Secretary of State or the Oil and Gas Authority under the Petroleum Act 1998, Part 1 of the Energy Act 2008, or any Energy Act licence.

(4) Notwithstanding those modifications, regulation 4(1) does not apply to an activity or procedure which must not be carried out in the relevant area without the prior written consent of the Scottish Ministers (or a body to whom functions have been transferred by the Scottish Ministers under section 34).

(5) Regulations 5, 7, and 20A apply to an Energy Act licence that has been or is to be granted by the Oil and Gas Authority as they apply to a Petroleum Act licence, and for the purposes of those regulations and for regulation 8A, “consent” also includes a consent granted by the Secretary of State or the Oil and Gas Authority pursuant to an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 or the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 .

(6) In regulation 2(1)—

(a) omit the definition of “UKCS oil and gas activities”; and

(b) for the definition of “the Wild Birds Directive” substitute—

“ “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ( 5 ) . ” .

(7) In regulation 3—

(a) for “1994 Regulations” substitute “2010 Regulations”; and

(b) for paragraph (2), substitute—

“ (2) In this regulation, the “2010 Regulations” means the Conservation of Habitats and Species Regulations 2010 ( 6 ) . ” .

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

4. —(1) In regulation 2(2) of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007( 7 )—

(a) after the definition of “the EC Treaty”, insert—

“ “ Energy Act licence ” means a licence which is granted (or is to be granted) under Part 1 of the Energy Act 2008; ” ; and

(b) for the definition of “Petroleum Act consent” substitute—

“ “ Petroleum or Energy Act consent ” means—

(2) For regulation 25(6)(c) of those Regulations, substitute—

“ (c) the granting by the Secretary of State of any Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence, or Energy Act licence; ” .

(3) For regulation 27(6)(c) of those Regulations, substitute—

“ (c) requires a review by the Secretary of State of a Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence or Energy Act licence; ” .

Other environmental legislation

Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

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Offshore Chemicals Regulations 2002

6. —(1) In regulation 2 of the Offshore Chemicals Regulations 2002( 8 )—

(a) for the definition of “offshore activities”, substitute—

“ “ offshore activities ” means—

(b) for the definition of “offshore installation” substitute—

“ “ offshore installation ” means any structure or other thing (including any floating production storage and off-loading system or floating storage unit, but not including a ship) which—

(c) after the definition of “offshore installation” insert—

“ “offshore petroleum activities”—

“ offshore storage or unloading activities ” means any activities in respect of which the Secretary of State exercises functions under Part 1 of the Energy Act 2008, being activities carried out in the reserved area; ” ; and

(d) after the definition of “relevant project” insert—

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

(2) After that regulation 2 (which becomes regulation 2(1)) insert—

“ (2) In these Regulations, any reference to the use or discharge of an offshore chemical in the relevant area is to be read, in relation to an offshore storage or unloading activity, as a reference to its use or discharge in the reserved area. ” .

Offshore Installations (Emergency Pollution Control) Regulations 2002

7. In the Offshore Installations (Emergency Pollution Control) Regulations 2002( 10 ), after regulation 2, insert—

“ Application

2A. —(1) These Regulations apply to offshore storage or unloading installations as they apply to offshore installations.

(2) For that purpose, “ offshore storage or unloading installation ” means an installation for the establishment or maintenance of which a licence under section 4 or 18 of the Energy Act 2008 is required. ” .

Greenhouse Gas Emissions Trading Scheme Regulations 2005

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Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

9. —(1)The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005( 11 ) have effect as follows.

(2) The Regulations apply to an installation or pipeline established or maintained for the purpose of an activity within section 2(3) or section 17(2) as they apply to an offshore installation as defined in regulation 2.

(3) However, in relation to any installation or pipeline established or maintained for the purpose of an activity within section 2(3) or section 17(2), any reference in those Regulations to the relevant area does not include areas (or places above and below them) comprised in the territorial sea adjacent to Scotland or Wales.

Review

9A.—(1) The Secretary of State must from time to time—

(a) carry out a review of articles 2, 3(1) to (5) and 9 of this Order;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the following Directives, or articles of the Directives (which are implemented by means of articles 2, 3(1) to (5) and 9), are implemented in other member States—

(a) the amendments to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment made by Article 31 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;

(b) Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, and

(c) Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by those articles;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this article must be published before the end of the period of five years beginning with the day on which this article comes into force.

(5) Subsequent reports under this article must be published at intervals not exceeding five years.

REACH Enforcement Regulations 2008

10. In regulation 2(2) of the REACH Enforcement Regulations 2008( 12 )—

(a) for the definition of “offshore installation” substitute—

“ “ offshore installation ” means—

(b) after that definition insert—

“ “ relevant waters ”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998; ” ; and

(c) after the definition of “relevant waters” insert—

“ “ Scotland ” includes Scottish controlled waters; ” ; and

(d) for the definition of “Scottish controlled waters” substitute—

“ “ Scottish controlled waters ” means—

Fluorinated Greenhouse Gases Regulations 2009

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