Citation and commencement_I1

1.—(1) These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015.

(2) These Regulations come into force on 22nd July 2015.

Fees relating to oil pollution emergency plans_I2

2.—(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to—

(a)oil handling facilities which are pipelines;

(b)oil handling facilities which would be offshore installations were they in offshore waters;

(c)offshore installations and their connected infrastructure in offshore waters; or

(d)well operations.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

[^F1 (za)providing advice with respect to the preparation of—

(i)an oil pollution emergency plan,

(ii)an amended oil pollution emergency plan, or

(iii)a description of amendments to be made to an oil pollution emergency plan;^F1]

(a)considering, and approving,—

(i)an oil pollution emergency plan,

(ii)an amended oil pollution emergency plan, or

(iii)a description of amendments to be made to an oil pollution emergency plan,

submitted under regulation 4 of the OPPR Regulations;

(b)requiring a responsible person to review an oil pollution emergency plan under regulation 4(5D) of the OPPR Regulations;

(c)requiring evidence by written notice under regulation 4(9)(f) of the OPPR Regulations and considering that evidence;

(d)monitoring the implementation of an oil pollution emergency plan (or an amended plan) submitted under regulation 4 of the OPPR Regulations; and

(e)monitoring compliance with the duties in regulation 4 of the OPPR Regulations (including carrying out an inspection under regulation 8 of those Regulations).

(3) In this regulation—

“the OPPR Regulations” means the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 ( 5 ); and

“offshore installations”, “offshore waters”, “oil handling facilities”, “oil pollution emergency plan”, “responsible person” and “well operations” have the meanings given in the OPPR Regulations.

Fees relating to offshore installations: Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015_I3

3.—(1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

(a)providing advice with respect to the preparation of—

(i)a safety case or a revision to a current safety case,

(ii)a design notification,

(iii)a relocation notification,

(iv)a notification of combined operations or well operations,

which is proposed to be sent to the competent authority pursuant to the 2015 Safety Case Regulations;

(b)assessing—

(i)a safety case or a revision to a current safety case,

(ii)a design notification,

(iii)a relocation notification,

(iv)a notification of combined operations or well operations,

sent to the competent authority pursuant to the 2015 Safety Case Regulations, for the purpose of deciding whether to raise matters relating to the environment and raising such matters;

(c)monitoring compliance by operators (including well operators) and owners with the duties in the 2015 Safety Case Regulations in so far as those duties relate to the environment; and

(d)assessing whether to grant an exemption pursuant to regulation 35 (exemptions) of the 2015 Safety Case Regulations and granting any such exemption.

(2) In this regulation—

(a) “the 2015 Safety Case Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 ( 6 ); and

(b) “competent authority”, “design notification”, “a notification of combined operations or well operations”, “operator”, “owner”, “relocation notification”, “safety case” and “well operator” have the meanings given in the 2015 Safety Case Regulations.

Fees relating to offshore installations: Fluorinated Greenhouse Gases Regulations 2015_I4

4.—(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to—

(a)offshore installations, other than an offshore installation which is used in connection with the production of energy from water or wind; or

(b)Northern Ireland offshore installations which are used in connection with any of the activities referred to in regulation 4(4)(a) to (g) (interpretation: offshore installations) of the 2015 Regulations.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

(a)serving a notice requiring information under regulation 24 (information notices) of the 2015 Regulations; and

[^F2 (aa)providing advice with respect to—

(i)labelling requirements under—

[^F3 (aa)Article 2 (labelling format) of Commission Regulation 2015/2068, or^F3]

(bb)Article 12 (labelling, product and equipment information) of the 2014 Regulation,

(ii)training and certification requirements established under Article 10 (training and certification) of the 2014 Regulation, or

(iii)the reporting requirements established under Article 20 (collection of emissions data) of the 2014 Regulation;^F2]

(b)monitoring whether a person is meeting the requirements of—

(i)the 2015 Regulations,

(ii)the 2014 Regulation,

[^F4 (iii)Commission Regulation 1497/2007,

(iv)Commission Regulation 1516/2007,

(v)Commission Regulation 304/2008,

(vi)Commission Regulation 306/2008,

(vii)Commission Regulation 2015/2066,

(viii)Commission Regulation 2015/2067, and

(ix)Commission Regulation 2015/2068.^F4]

(3) In this regulation—

(a) ^F5 “the 2015 Regulations” means the Fluorinated Greenhouse Gases Regulations 2015 ( 7 ); ...

[^F6 (b) “the 2014 Regulation”, “Commission Regulation 1497/2007”, “Commission Regulation 1516/2007”, “Commission Regulation 304/2008”, Commission Regulation 306/2008”, “Northern Ireland offshore installations” and “offshore installations” have the meanings given in the 2015 Regulations;

(c) “Commission Regulation 2015/2066” means Commission Implementing Regulation ( EU ) 2015/2066 establishing, pursuant to Regulation ( EU ) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear;

(d) “Commission Regulation 2015/2067” means Commission Implementing Regulation ( EU ) 2015/2067 establishing, pursuant to Regulation ( EU ) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases; and

(e) “Commission Regulation 2015/2068” means Commission Implementing Regulation ( EU ) 2015/2068 establishing, pursuant to Regulation ( EU ) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases. ^F6]

Fees relating to certain licences under [^F7regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017^F7]

[^F8 5.—(1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of—

(a)providing advice with respect to—

(i)an application or potential application for, or

(ii)the modification, transfer, surrender, revocation or refusal of,

a relevant habitats licence;

(b)the modification, transfer, surrender or revocation of, or considering an application for but not granting, a relevant habitats licence; or

(c)monitoring compliance with the conditions of a relevant habitats licence.

(2) In paragraph (1) “a relevant habitats licence” means a licence under [^F9 regulation 55 (power to grant licences) of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ^F9] which relates to an activity falling within the subject matter of—

(a)the Petroleum Act 1998; or

(b)Part 1 (gas importation or storage), Part 4 (provisions relating to oil and gas storage) or Part 4A (works detrimental to navigation) of the Energy Act 2008.^F8]

[^F10Fees relating to consents to locate

5A.—(1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

(a)giving, refusing, varying, renewing, transferring, surrendering or revoking a consent to locate;

(b)monitoring compliance with—

(i)the requirements of Part 4A of the EA; and

(ii)a consent to locate;

(c)serving an emergency safety notice under section 82F of the EA;

(d)revoking the requirements of an emergency safety notice under section 82G(8) of the EA; and

(e)providing advice with respect to—

(i)an application or potential application for a consent to locate;

(ii)the variation, renewal, transfer, surrender or revocation of a consent to locate;

(iii)the service of an emergency safety notice under section 82F of the EA; and

(iv)the revocation of the requirements of an emergency safety notice under section 82G(8) of the EA.

(2) In this regulation—

(a) “the EA” means the Energy Act 2008 ; and

(b) “a consent to locate” means a consent under section 82A of the EA. ^F10]

[^F11Fees relating to offshore undertakings: Energy Savings Opportunity Scheme Regulations 2014

5B.—(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) are in respect of an offshore undertaking, or a participant for which it has been agreed that the Secretary of State will act as the compliance body in accordance with regulation 6(2) of the ESOS Regulations.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of monitoring compliance with the requirements of the ESOS Regulations.

(3) In this regulation—

(a) “the ESOS Regulations” means the Energy Savings Opportunity Scheme Regulations 2014 ( 8 ) ;

(b) “compliance body”, “offshore undertaking” and “participant” have the meanings given in the ESOS Regulations; and

(c) “Secretary of State” means [^F12 the Secretary of State for Energy Security and Net Zero ^F12] . ^F11]

[^F13Fees relating to certain marine licences

6.—(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to oil and gas activities for which a marine licence is needed under Part 4 of the MCAA.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

(a)granting, refusing, varying, transferring, surrendering, suspending or revoking a marine licence;

(b)monitoring compliance with—

(i)the requirements of Part 4 of the MCAA; and

(ii)a marine licence;

(c)issuing or renewing a stop notice under section 102 of the MCAA, and varying or revoking a stop notice under section 103 of the MCAA;

(d)issuing an emergency safety notice under section 104 of the MCAA, and varying or revoking an emergency safety notice under section 105 of the MCAA; and

(e)providing advice with respect to—

(i)an application or potential application for a marine licence;

(ii)the variation, transfer, surrender, suspension or revocation of a marine licence;

(iii)the issue or renewal of a stop notice under section 102 of the MCAA, and the variation or revocation of a stop notice under section 103 of the MCAA; and

(iv)the issue of an emergency safety notice under section 104 of the MCAA, and the variation or revocation of an emergency safety notice under section 105 of the MCAA.

(3) In this regulation “the MCAA” means the Marine and Coastal Access Act 2009 . ^F13]

Calculation of fees_I5

7.—(1) A fee referred to in regulations 2 to 6 is where—

A is the number of hours work carried out by specialist officers;

B is [^F14£210^F14] ;

C is the number of hours work carried out by non-specialist officers; and

D is [^F15£114^F15] .

(2) For the purposes of paragraph (1), the number of hours work may be expressed as a fraction where—

(a)less than one hour’s work has been carried out; or

(b)the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

(3) In this regulation—

“specialist officers” means persons engaged on behalf of the Secretary of State to—

“non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to specialist officers.

Amendment of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

^F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001_I6

9. After regulation 20 (service of notices and other documents) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(9), insert—

Fees

20A.—(1) The Secretary of State may charge fees in respect of—

(a)granting, rejecting, modifying, transferring, surrendering or revoking consent under regulation 4(1);

(b)making an appropriate assessment under regulation 5(1) where that assessment is made only to support a decision on a specific application for a consent, authorisation or approval;

(c)consulting appropriate nature conservation bodies on any matter under these Regulations;

(d)giving a certification under regulation 6(1)(b);

(e)determining compensatory measures under regulation 6(3) and securing that such measures are taken;

(f)giving, modifying or revoking a direction under regulation 7; and

(g)reviewing the appropriateness of a direction under regulation 8.

(2) A fee charged under paragraph (1) is where—

A is the number of hours work carried out by specialist officers;

B is £167;

C is the number of hours work carried out by non-specialist officers; and

D is £72.

(3) For the purposes of paragraph (2), the number of hours work may be expressed as a fraction where—

(a)less than one hour’s work has been carried out; or

(b)the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

(4) Any fee must be paid on demand.

(5) In this regulation, “specialist officers” means persons engaged on behalf of the Secretary of State to carry out the functions of the Secretary of State referred to in paragraph (1) and “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to those specialist officers.”.