Guidance on oil and gas: offshore environmental legislation

Conservation of Offshore Marine Habitats and Species Regulations 2017

Whilst the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended) set down the obligations for the assessment of the impact of offshore oil and gas activities (including gas and carbon dioxide unloading and storage activities) on habitats and species protected under Council Directive 2009/147/EC (the codified version of the Birds Directive) and Council Directive 92/43/EEC (the Habitats Directive), the Conservation of Offshore Marine Habitats and Species Regulations 2017 are the governing legislation for implementation of a number of the other requirements contained in the Directives. The Regulations apply to the “offshore area” outside UK territorial waters, i.e. the area greater than 12 nautical miles from the landward baseline of the territorial sea, and are commonly referred to as the Defra Offshore Habitats Regulations.

The Conservation of Offshore Marine Habitats and Species Regulations 2017 consolidate the provisions contained in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 and subsequent amending instruments, and make minor modifications reflecting changes to related legislation. The Regulations include provisions for the designation and protection of areas that host important habitats and species in the offshore marine area. Once designated, these sites are called Special Areas of Conservation (SACs), for the protection of certain habitats and marine species; and Special Protection Areas (SPAs), for the protection of certain wild bird species. The Regulations also implement assessment obligations for marine industry activities other than offshore oil and gas; introduce a licensing system for any marine activities that could kill or injure protected species, or could deliberately disturb protected species in such a way as to be likely to impair their ability to survive, breed, or rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or could significantly affect the local distribution or abundance of that species. The Regulations also include provisions requiring competent authorities to take steps to preserve and re-establish a sufficient diversity and area of habitat for wild birds and also impose a duty upon them to use all reasonable endeavours to avoid pollution or deterioration of wild bird habitat. The Regulations also include provisions relating to a number of offences that aim to prevent environmentally damaging activities.

The most important provisions of the regulations in relation to environmental submissions to the Department are contained in Part 5, which provides powers to issue licences for specific activities that could result in the injury or disturbance of European Protected Species (EPS injury or disturbance licences).

Regulations

• The Conservation of Offshore Marine Habitats and Species Regulations 2017

Guidance

• The Conservation of Offshore Marine Habitats and Species Regulations 2017
• Contributing to a Marine Protected Area Network
• Draft Guidance on the protection of marine European Protected Species from Injury and disturbance (for the marine area in England and Wales and the UK offshore marine area) (PDF, 1.45MB, 120 pages)

Other Useful Information

• Relevant general information in relation to environmental sensitivities and conservation issues can be found in the entries for the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001.
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Northern Ireland can be found here
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Scotland can be found here and here
• Information relating to marine nature conservation and wildlife licensing for internal and territorial waters adjacent to Wales can be found here

Applications and determinations

• Applications for EPS injury or disturbance licences for activities in waters adjacent to England or in the offshore area adjacent to Northern Ireland, Scotland and Wales are submitted and processed via the UK Energy Portal
• Applications can be submitted via a standalone application MAT (SA), where the survey is not linked with any other activity requiring a UK Energy Portal application, or via a Subsidiary Application Templates (SAT) if the survey is linked to another activity, e.g. a relevant geological survey application MAT (GS).
• Interested parties can review records of EPS injury or disturbance licence applications, and any relevant decisions made under the Defra Offshore Habitats Regulations
• EPS / disturbance licensing for activities in internal or territorial waters adjacent to Northern Ireland, Scotland and Wales is the responsibility of the relevant devolved administration, and potential applicants should contact the relevant licensing body.

Reporting requirements

EPS injury or disturbance licences are currently only required for acoustic surveys where the Joint Nature Conservation Committee (JNCC) or another Statutory Nature Conservation Body has advised that the applicant for a consent for a geological survey must also obtain an EPS injury or disturbance licence. Under such circumstances, the reporting requirements detailed in the survey consent are sufficient to additionally cover the EPS injury or disturbance licence requirements, and there are no additional reporting requirements.

Project reports

Habitats Regulations Assessments undertaken by the Department for acoustic geological surveys are detailed in the entry for the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, and the assessments relating to EPS will include injury or disturbance assessments.

For further information please contact the Business Support Team by e mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager

Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

The Energy Act 2008 makes provision under Part 1, Chapter 2 for the regulation of gas importation and storage through a licensing and enforcement regime for combustible gas. The Offshore Gas Storage and Unloading (Licensing) Regulations 2009, made under Part 1 of the Energy Act 2008, came into force on the 13 November 2009.

The Energy Act 2008 also makes provision under Part 1, Chapter 3 for the regulation of the storage of carbon dioxide (with a view to its permanent disposal or as an interim measure prior to its permanent disposal), through a licensing and enforcement regime. The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010, made under Part 1 of the Energy Act 2008, came into force on the 01 October 2010.

Following enactment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, which came into force on 01 July 2010 the provisions of the following regulations now also apply to gas unloading and storage, and carbon dioxide storage as they do to oil and gas activities. This extension is, however, subject to geographical limitations to reflect the different devolution settlements relating to offshore activities.

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

• The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended)
• The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended)
• The Offshore Marine Conservation (Natural Habitats, & c.) Regulations 2007 (as amended)
• The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended)
• The Offshore Installations (Emergency Pollution Control) Regulations 2002 (as amended)
• The Offshore Chemical Regulations 2002 (as amended)
• The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (as amended)
• The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended)
• The REACH Enforcement Regulations 2008 (as amended)
• The Fluorinated Greenhouse Gases Regulations 2009 (as amended)

The Order

• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

Energy Act 2008, Part 4A Consent to Locate

The Department assumed responsibility for administration of Section 34 of the Coast Protection Act 1949 (CPA) in relation to offshore oil and gas operations on behalf of the Department for Transport (DfT) in October 2005.

In April 2011, the Consent to Locate (CtL) provisions of Section 34 of the CPA were incorporated into the Marine and Coastal Access Act 2009 (MCAA). The MCAA provided a regulatory framework for a new marine licensing regime that included consideration of works that could be detrimental to safe navigation.

Although the MCAA licensing regime applies to a number of offshore oil and gas operations, including the disturbance of the seabed and deposit and removal of substances or articles during the course of decommissioning operations, Section 77 of the MCAA excludes the vast majority of offshore oil and gas operations and carbon dioxide storage operations controlled under the Petroleum Act 1998 (PA) or the Energy Act 2008 (EA).

To maintain the navigational provisions for these excluded operations, Section 314 of the MCAA created a new Part 4A of the EA, transferring the provisions of Section 34 of the CPA to the EA and transferring regulatory competence from DfT to DECC (now the Department for Business, Energy and Industrial Strategy, Offshore Petroleum Regulator for Environment and Decommissioning (OPRED)).

The granting of a CtL to an individual or organisation by the Secretary of State under Part 4A of the EA allows the installation of an offshore structure or the carrying out of offshore operations providing they are undertaken in accordance with the consent conditions. It allows the Department to require the provision of navigational markings that are considered appropriate for the proposed structure or operations.

Separate requirements relating to the clear identification of installations are included in the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995.

Legislation

• Part 4A of the Energy Act 2008
• Marine and Coastal Access Act 2009, Section 77
• Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

Guidance

The Department revised the procedures that were in place under the CPA, to ensure that the consenting process under Part 4A of the EA reflected the specific requirements of the operations that are covered by the MCAA exclusion. The revision accounted for requirements set out in Part 4A of the EA and the development of offshore practices that were not envisaged when the CPA was drafted. It also took account of the views of the bodies consulted on navigational matters.

The new consenting process was subject to consultation, and copies of the consultation document and the Department’s response are attached below.

• Consultation Document (PDF, 563KB, 50 pages)

• DECC response to consultation document (PDF, 234KB, 29 pages)

Detailed guidance is currently being developed to replace the consultation documentation. It will address comments received further to the consultation, and issues that have been identified since the implementation of the EA regime.

Pending publication of the guidance, if you require additional information please contact the Business Support Team by e-mail at bst@beis.gov.uk or (01224) 254138 or contact your assigned Environmental Manager.

Other useful information

The General Lighthouse Authorities (GLAs) responsible for navigational safety matters in UK waters are Trinity House (TH), the Northern Lighthouse Board (NLB) and the Commissioner of Irish Lights (CIL).

• Trinity House
• Northern Lighthouse Board
• Commissioner of Irish Lights
• General Lighthouse Authority Areas (PDF, 277KB, 1 page)

Navigational marking requirements are detailed in a Standard Marking Schedule (SMS) attached to the consents, and are based on international standards, recommendations and guidelines produced by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA, previously known as the International Association of Lighthouse Authorities).

• Standard Marking Schedule (PDF, 38.6KB, 4 pages)

• International Association of Marine Aids to Navigation and Lighthouse Authorities

The SMS and the conditions attached to the consents are currently being reviewed, and the above document will be replaced when the new schedule proposals have been agreed with relevant navigational consultees.

Applications and determinations

Applications for a CtL are submitted to and processed via the UK Energy Portal, including the completion of any relevant consultations and the issuing of the Department’s decision.

Applications submitted to the Department and the associated decisions made by the Department can be viewed at on the GOV.UK website at Oil and Gas: submissions and determinations:

https://www.gov.uk/guidance/oil-and-gas-environmental-data#the-energy-act-part-4a-consent-to-locate

Information relating to application types is contained in the following document:

• Guidance on Consent to Locate Application Types (PDF, 15.7KB, 1 page)

Reporting

Any non-compliance with consent conditions or the SMS relating to the provision of lights, signals or other aids to navigation must be reported immediately using the non-compliance form below and sent to the Business Support Team by e-mail at bst@beis.gov.uk

• PON10 Reporting Form , Updated February 2019 (MS Word Document, 42.4KB)

For further information please contact the Business Support Team by e-mail at bst@beis.gov.uk or (01224) 254138 or contact your assigned Environmental Manager.

Energy Savings Opportunity Scheme 2014

The Energy Savings Opportunity Scheme Regulations (ESOS) 2014 has been introduced to implement Article 8 of the Energy Efficiency Directive 2012/27/EU. ESOS is a mandatory energy assessment and energy saving identification scheme applicable to the offshore oil and gas industry sector.

The scheme requires an audit to be undertaken once every four years to identify cost-effective energy efficiency measures. Phase 2 commenced on 6 December 2015, with the qualification date for participants of 31 December 2018, and the compliance date of 5 December 2019. Compliance must be notified to the Scheme Administrator (Environment Agency) using the online notification system.

Regulations

• Energy Savings Opportunity Scheme 2014
• The Energy Savings Opportunity Scheme (Amendment) Regulations (2015)

Guidance

OPRED guidance is specific for the offshore oil and gas industry sector and should a scheme participant require guidance for onshore industries please refer to the Environment Agency’s guidance.

• ESOS guidance notes for the offshore oil and gas industry (September 2019) (PDF, 703KB, 66 pages)

Reporting Requirements

The online notification system will be available for scheme participants to notify completion of the required audit. It is the scheme participant’s responsibility to ensure compliance with the ESOS Regulations and to submit their notification by the required deadline. Please see Appendix A of the OPRED guidance for information relating to completing the notification form.

Late notification submissions for Phase I compliance

If scheme participants are unable to meet a compliance deadline, this should be recorded in advance of the deadline using the online form, explaining why the compliance deadline will be missed and when you expect to be compliant. Participants should also hold a record of the action taken to date to achieve compliance, including details of the appointment of a lead assessor, and retain a copy of the late notification submission, as they may be requested to provide the evidence pack to confirm that they are working towards compliance.

Scheme participants that qualify who do not notify a delay in compliance will be in breach of the ESOS Regulations and will risk enforcement action.

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

Environmental Assessment of Plans and Programmes Regulations 2004

The Environmental Assessment of Plans and Programmes Regulations 2004 implements the European Strategic Environmental Assessment (SEA) Directive (2001/42/EC). Although the Directive was not incorporated into UK law until 2004, SEAs have been carried out since 1999 in accordance with its requirements.

• Offshore Energy Strategic Environmental Assessment (SEA): An overview of the SEA process

Food and Environment Protection Act 1985, Part II Deposits in the Sea

The Food and Environmental Protection Act (FEPA), Part II Deposits in the Sea, covered the deposit of substances or articles in the sea or under the seabed. Following the introduction of the Marine and Coastal Access Act (MCAA) on 6 April 2011, FEPA Part II was dis-applied in English and Welsh waters and offshore waters adjacent to Scotland. However, it was retained in Scottish territorial waters to provide licensing powers in relation to reserved offshore energy activities that are the responsibility of the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED). This was necessary because:

• MCAA does not apply in territorial and internal waters adjacent to Scotland;
• the licensing provisions of the Marine (Scotland) Act 2010, which apply in territorial and internal waters adjacent to Scotland, are devolved and are not available to OPRED; and
• OPRED is the licensing authority for reserved offshore energy activities outside Scottish Controlled Waters. For offshore energy activities within Scottish controlled waters (0-3 nm); the Scottish Government is the licensing authority and the Marine (Scotland) Act is the relevant controlling legislation.

Regulations

• The Food and Environment Protection Act 1985

Guidance

A FEPA Part II licence is only required for the deposit of substances or articles in the sea or under the seabed in relevant areas of the territorial sea adjacent to Scotland. FEPA Part II does not cover the removal of any substance or object from the seabed or the disturbance of the seabed.

Guidance in relation to the MCAA marine licensing regime as it applies to offshore energy activities that are the responsibility of OPRED is currently being developed and will include guidance in relation to activities where it may be necessary to obtain a FEPA Part II licence.

Applications and determinations

Applications for a FEPA Part II licence should be made using the Marine Licence SAT on the UK Energy Portal

For offshore energy activities in Scottish controlled waters, please contact the Marine Scotland, Licensing Operations Team

Interested parties can review records relating to applications and decisions made under FEPA Part II at the Oil and gas: environmental submissions and determinations page

Reporting requirements

• Deposit returns requested by the Environmental Management Team for activities covered by a FEPA Part II Licence should be made using the MCAA Marine Licence Returns Form, and should be submitted by email to bst@beis.gov.uk.
• In future the return form will be migrated to the EEMS reporting system and accessed via the UK Energy Portal.

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager.

Greenhouse Gases Emissions Trading Scheme (ETS)

Guidance for EU-ETS Emissions Phase III

Applications must be submitted for all qualifying installations undertaking specified activities that emit specified greenhouse gases, as detailed in schedule 1 of the ETS regulations. For the purpose of these regulations, an installation comprises any ‘stationary technical unit’ where one or more schedule 1 activities, and any ‘directly associated activities’, are carried out.

• read the Greenhouse Gas Emissions Trading Scheme Regulations 2005

• Greenhouse Gas Emissions Trading Scheme Regulations 2005: explanatory notes (MS Word Document, 232KB)

• UK National Implementation Measures (NIMs): provisional indicative allocations for UK installations

The third link above shows indicative allocations to each UK installation with the factor taken into account. We are providing this list now to enable operators to assess the impact of the factor. The list is provisional and does not represent the confirmed free allocation to installations. Further work is required to check and finalize allocations, including to take account of adjustments arising from capacity changes since 2011 and changes to carbon leakage status, and to transfer the data into the Registry. This process, including final clearance by the European Commission, is expected to take around two months. We anticipate moving allowances into operators’ registry accounts around November 2013

EU Emissions Trading Scheme phase III

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (2012 Regulations) require that operators must notify the regulator of changes in activity levels which occurred during the year. Where you have not had any changes in activity level, you are required to submit a NIL return

You must complete and submit the OPRED Change in Activity Notification form before 00:00 on 31 December 2013 completing separate notifications for each EU-ETS Permit held. Please note this deadline is stipulated in the Regulations and failure to Notify the Department and submit the relevant NE&C Change of Activity form (if relevant) by the 31 December could be regarded as a non-compliance.

The Notification Form asks you to identify whether the Installation has had a capacity reduction as per Schedule 6 (6), full cessation of activity as per Schedule 6 (7) or a partial cessation of activity as per Schedule 6 (8) of the 2012 Regulations, during the year. If the answer is ‘No’ simply complete the form and return to emt@beis.gov.uk.

If the answer to any of those questions is ‘Yes’ you must then consider if this could have an impact on the NIMs allocation of allowances for a qualifying sub-installation. If the answer is ‘No’ simply complete the form and return to bst@beis.gov.uk.

If the answer is ‘Yes’ and the change of activity could have an impact on the NIMs allocation of allowances for a qualifying sub-installation, you will also need to complete the EU Commission New Entrants & Closures (Change of Activity) form for recording and amending the amounts allocated for free in case of significant capacity reductions, cessations and partial cessations of installations. The form is available at https://www.gov.uk/oil-and-gas-offshore-environmental-legislation#the-greenhouse-gases-emissions-trading-scheme-ets

Please complete and return the Change of Activity Notification form and the NE&C form if relevant to the Business Support Team by email at the address above before 00:00 (UK Time) on 31 December 2013.

The UK Regulators have determined that allowances will be held in reserve until the notification form is received. Please note, notification of significant capacity reductions should be accompanied by a verification statement.

This following document outlines the appeals process under the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038), and applies to any appeals made which relate to the 2013 reporting year onwards.

• EU Emissions Trading System – Appeals Guidance (PDF, 425KB, 19 pages)

EU ETS non-compliance

The EU ETS Directive requires member states to put in place a system of penalties which is effective, proportionate and dissuasive but the nature of the penalties is largely left to member state discretion (with the exception of the penalty for failure to surrender sufficient allowances in certain circumstances).

The Greenhouse Gas Emissions Trading System Regulations 2012 set out the civil penalties to which a person is liable if they do not comply with the EU ETS. The department has produced the guidance below for the offshore oil and gas industry detailing the Department’s approach to enforcement and sanctions.

EUETS for Offshore Installations - Civil Penalties Guidance Document (PDF, 309KB, 20 pages)

EU_ETS_Civil_Penalties_details_ (MS Excel Spreadsheet, 16.7KB)

The EU Commission form

The reporting form for (New Entrant Reserve applications) significant capacity reductions, cessations and partial cessations has been designed by the EU Commission for ALL operations and therefore there are a number of pages that are irrelevant for the offshore industry. Please do not try to modify this form.

There is a significant amount of guidance within the form and you are advised to carefully read and follow the relevant instructions within Tab B: ‘Guidelines and conditions’, and within the subsequent pages. As you complete the form (yellow boxes) information will be auto-populated into other relevant sections. The form will also automatically calculate allowances (green boxes) eg in the Partial Cessation section. You are specifically advised not to ‘cut and paste’ information as this will lead to unintended modifications within formulae. If you experience any issues with the form please contact the Business Support Team.

When the department receives your completed form, you will receive an acknowledgement. The information provided will be assessed and we will inform you of any anticipated changes to your allowances. All forms received will be collated and forwarded to the Commission for the final determination of allowances.

Even if you are not required to complete the EU Commission form at this time, operators are advised to familiarise themselves with this form, as this will be relevant for all operators in the future.

If you have any comments or queries please contact the Business Support Team.

• EU-ETS 2012 Commission Regulation No. 601/2012 on the Monitoring and Reporting of Greenhouse Gas Emissions (MRR) (PDF, 1.47MB, 75 pages)

• Phase III Offline Monitoring Plan Template (MS Excel Spreadsheet, 500KB) (To be submitted to DECC by 30 September 2012)
• DECC OGED MRR Guidance for Phase III Monitoring & Reporting Plan (PDF, 109KB, 15 pages) (September 2012)
• General guidance for Installations MRR Guidance Document No.1 (PDF, 2.24MB, 84 pages) (July 2012)
• MRR GD No.4 – Guidance on Uncertainty Assessment (PDF, 1020KB, 45 pages) (July 2012)
• MMR GD No 5 – Guidance on Sampling and Analysis (PDF, 714KB, 35 pages) (October 2012)
• Phase III Monitoring Plans - Further Guidance (PDF, 11.2KB, 1 page) (31 July 2012)

• Phase III New Entrant Reserve or Increased Capacity Applications (PDF, 78.3KB, 1 page)

• ETSWAP industry user guidance (PDF, 704KB, 18 pages) (August 2014)

• ETSWAP – Online System (Letter to Operators June 2012) (PDF, 102KB, 2 pages)

• EA EU-ETS Newsletter – Including Phase III Factsheet (PDF, 186KB, 3 pages)

• EU-ETS Phase III Offshore Site Visits & Waivers - (updated Sept 2015) (PDF, 287KB, 2 pages)

• New Entrance and Closures Spreadsheet (MS Excel Spreadsheet, 2.23MB)

• Guidance Phase III NEC Partial Cessations (PDF, 422KB, 23 pages)

• OPRED Activity Level Assessment Tool (MS Excel Spreadsheet, 52.8KB)

Annual Emissions Report

Further to our advice of the use of the ETS7 form for the submission of annual emission reports for 2013, regretfully we have identified that this form does not fully conform to Phase III requirements. Therefore operators should make their annual emissions report on the Commission templates; Template No. 4 Annual Emissions Report of stationery source Installations (See under sub-section Monitoring and Reporting Regulation (MRR) Guidance and Templates).

Verifiers should complete their Verified Opinion Statements on the following complimentary Commission template; Verification report template (See under sub-section Monitoring and Reporting Regulation (MRR) Guidance and Templates).

It is imperative that Annual reports for 2013 are provided and verified within these two templates by 31 March 2014.

Do not amend any of the formatting of the Commission Forms. This will aid in the migration of your data to the ETSWAP system later this year.

Recommended Improvement Report

The Department is now advising that the Recommended (or Annual ) Improvement Report, whichever is appropriate, should be made on the Commission template: Template No 7: Improvement Report for Stationary Installations.

Link for the Template See under sub-section ‘Monitoring and Reporting Regulation (MRR) Guidance and Templates’.

It is imperative that Annual or Recommended Improvement Reports are submitted to the Department no later than 30 June 2014.

Please do not amend any of the formatting of the Commission Form. This will aid in the migration of your data to the ETSWAP system later this year. If you have any queries please do not hesitate to contact bst@beis.gov.uk.

For further information please contact the Business Support Team at bst@beis.gov.uk.

Supplementary material from the seminar held at Carmelite Hotel in Aberdeen on 26 May 2010.

• Presentation on Phase III of the EU ETS (MS Powerpoint Presentation, 794KB)

• Presentation on CRC Energy Efficiency Scheme (MS Powerpoint Presentation, 872KB)

• Q&A about Phase III (PDF, 86.1KB, 9 pages)

EU ETS phase II

Installations starting new entrant activities after 31 December 2007 and before 1 January 2013 can apply to the Phase II NER. All applications will require independent verification, including those from Later Phase I New Entrants, where the input data used in the benchmarking spreadsheet has changed from that used in the Phase I NER application.

• Application form for Phase II Greenhouse Gas EU ETS permit (ETS1) (MS Word Document, 175KB)

• NER application form (MS Excel Spreadsheet, 57.5KB)

• Verification opinion template (MS Excel Spreadsheet, 77.5KB)

• Benchmarking spreadsheet (MS Excel Spreadsheet, 536KB)

• FAQs on monitoring and reporting plans (MS Excel Spreadsheet, 536KB)

• Monitoring and reporting plan template (ETS2) (MS Excel Spreadsheet, 332KB)

• Metering guidance for offshore oil and gas production facilities (PDF, 168KB, 25 pages)

Marine and Coastal Access Act 2009

The principle elements of the Marine and Coastal Access Act (MCAA) 2009 established and transferred a number of marine functions to the Marine Management Organisation (MMO), and introduced provisions relating to Marine Planning, Marine Conservation Zones, Marine Licensing and a number of fisheries-related measures.

Marine Licensing

Part 4 of MCAA details the provisions relating to marine licensing. The regime replaces and extends the provisions of The Food and Environment Protection Act 1985, Part II Deposits in the Sea, and marine licences are required for the following activities:

• To deposit any substance or object within the UK marine licensing area, either in the sea or on or under the sea bed;
• To scuttle any vessel or floating container in the UK marine licensing area;
• To construct, alter or improve any works within the UK marine licensing area either in or over the sea, or on or under the sea bed;
• To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area;
• To carry out any form of dredging within the UK marine licensing area (whether or not involving the removal of any material from the sea or sea bed);
• To deposit or use any explosive substance or article within the UK marine licensing area either in the sea or on or under the sea bed; and
• To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the UK marine licensing area.

Section 77 of the Act specifically excludes offshore energy activities relating to oil and gas exploration and production, gas unloading and storage, and carbon dioxide storage from the marine licensing provisions, where the activities fall into the following categories:

• Anything done in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 (c. 17) or section 2 of the Petroleum (Production) Act 1934 (c. 36) (licences to search for and get petroleum) is required;
• Anything done for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;
• Anything done for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998 (c. 17)); and
• Anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 (c. 32) is required (gas unloading, storage and recovery, and carbon dioxide storage), with the exception of activities where there is devolved competence.

Additional exemptions from the marine licensing provisions are contained in the Marine Licensing (Exempted Activities) Order 2011 (as amended).

As a consequence of the exclusions and exemptions, most offshore energy activities that are the responsibility of the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) are not subject to the MCAA marine licensing regime. However, the exclusions do not apply to activities that do not fall into the categories detailed above, and the most significant activities that aren’t excluded are any licensable activities relating to decommissioning operations and the use of explosives for ordnance clearance or during decommissioning.

Where there is a licensing requirement, OPRED is the licensing authority for reserved offshore energy activities, acting on behalf of the Secretary of State.

Regulations

• Marine and Coastal Access Act 2009
• The Marine Licensing (Exempted Activities) Order 2011
• The Marine Licensing (Exempted Activities) (Amendment) Order 2013
• The Marine Licensing (Exempted Activities) (Amendment) Order 2019

Guidance

• Guidance in relation to the marine licensing regime as it applies to offshore energy activities that are the responsibility of OPRED is currently being developed and will be uploaded here as soon as it is available.

Applications and determinations

• Applications for a marine licence are submitted and processed via the UK Energy Portal.
• Applications can be submitted via a standalone (SA) Master Application Template (MAT), where the proposals are not linked with any other activity requiring a UK Energy Portal application, or via a Subsidiary Application Template (SAT) if the proposals are linked to another activity, e.g. a relevant decommissioning MAT (DCA).
• Interested parties can review records of marine licence applications and any relevant decisions under the Marine and Coastal Access Act (MCAA) entry

Reporting requirements

• Returns requested by the Environmental Management Team for deposit, removal or seabed disturbance activities covered by a marine licence should be made using this form: Marine Licence Returns Form (MS Excel Spreadsheet, 77KB) , and should be submitted by email to bst@beis.gov.uk.
• In future the return form will be migrated to the EEMS reporting system and accessed via the UK Energy Portal.

Marine Planning

Part 3 of MCAA introduced a new system of marine management, comprising the UK Marine Policy Statement and the production of a number of marine plans. The Marine Management Organisation (MMO) has delegated responsibility to prepare plans for English waters, and marine planning is currently being developed via regional marine plans. The Devolved Administrations of Wales, Scotland and Northern Ireland are currently developing national marine plans, and Scotland’s National Marine Plan will also be supplemented by eleven regional plans.

Guidance

• Further information on marine planning, including links to relevant UK and national documents and guidance on how the plans should be addressed in environmental applications, is contained in Update on Marine Planning in the UK - Guidance Note to Operators - Offshore Oil and Gas Sector Aug 2018 (PDF, 194KB, 11 pages)

• Interactive planning tools which include online maps showing the distribution of human activities and natural resources have been developed for England, Scotland, Wales and Northern Ireland and can be accessed using the following links:

• Marine Management Organisation Marine Information System
• Marine Scotland MAPS
• Welsh Marine Planning Portal
• Northern Ireland Marine Mapviewer

For further information in relation to both marine licensing and marine planning please contact the Business Support Team by email at bst@beis.gov.uk or telephone on 01224 254138 or contact your assigned Environmental Manager.

Marine Strategy Regulations 2010

Directive 2008/56/EC of the European Parliament and Council establishes a framework for community action in the field of marine environmental policy, and is commonly known as the Marine Strategy Framework Directive. The Directive was adopted in June 2008, with the aim of protecting the marine environment across Europe, and it is the environmental component of Europe’s Integrated Maritime Policy.

The Directive sets a target of “Good Environmental Status” which must be achieved in EU marine waters by 2020. Following the first cycle of management which ends in 2020, new programmes of measures will be set on a six-yearly basis. The Commission has produced a set of detailed criteria and methodological standards to help Member States implement the Marine Directive, which were revised in 2017 and led to the Commission Decision on Good Environmental Status (GES). Annex II of the Directive was also amended in 2017 to better link ecosystem components, anthropogenic pressures and impacts on the marine environment with the MSFD’s 11 ‘Descriptors’ and with the new Decision on Good Environmental Status (GES).

The Marine Strategy Regulations 2010 transposed the requirements of the Marine Strategy Framework Directive 2008/56/EC into UK law in July 2010. The regulations established a high-level legal framework to ensure that the obligations which the Directive places on the UK are assigned to a competent authority, and that those competent authorities are given the necessary powers to implement measures to achieve or maintain good environmental status in the marine environment by 2020. The Regulations did not set out exactly how this would be achieved and much of the detail about how the UK will implement the Directive have been developed since the regulations came into force. The statutory instrument includes provisions covering the following key issues:

• the geographical scope of the legislation - the area over which the UK Marine Strategy will apply;
• the bodies that will be responsible for implementing the Directive in different parts of the UK’s marine waters (i.e. which bodies will act as competent authorities for the Directive) and puts duties on those bodies to deliver each of the Directive’s requirements to the required timetable;
• appropriate provisions to ensure that the UK Government and each of the Devolved Administrations work together effectively to implement the Directive in a consistent and co-ordinated way across the UK;
• appropriate provisions to ensure that all public authorities which take decisions or carry out activities affecting the marine environment will be required to play an appropriate role in ensuring that the requirements of this Directive are delivered; and
• provisions to ensure that interested parties and members of the public are consulted at all key stages in the implementation of the Directive.

Regulations

• The Marine Strategy Framework Directive (Directive 2008/56/EC)
• Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU
• Commission Directive (EU) 2017/845 of 17 May 2017 amending Directive 2008/56/EC of the European Parliament and of the Council as regards the indicative lists of elements to be taken into account for the preparation of marine strategies (Annex III amendment)
• Marine Strategy Regulations 2010

Guidance

• European Commission guidance on the MSFD
• Defra marine environment policy document, which includes Appendix 2, Implementing the Marine Strategy Framework Directive.

Reporting requirements

The UK target for Good Environmental Status (GES) for impulsive noise (Descriptor 11) is being facilitated through the establishment of a Marine Noise Registry (MNR). The Registry has been developed by Defra and the Joint Nature Conservation Committee (JNCC), in conjunction with other Government Departments and the Devolved Administrations (DAs), and records human activities in UK seas that produce loud, low to medium frequency (10Hz – 10kHz) impulsive noise. The MNR forms part of the UK’s programme of measures which is set out in Part 3 of its Marine Strategy.

Underwater noise from human activities can affect marine organisms, from invertebrates to fish to marine mammals, in a variety of ways, from initiating avoidance, to masking sounds used to communicate and find food, to physical injury and even to mortality. Understanding when and where noisy activities take place will therefore help to define a baseline level for impulsive noise in UK waters and will inform research on the impacts of noise, particularly on vulnerable species like cetaceans.

Human activities covered by the MNR include impact pile driving, geophysical surveys (seismic, sub bottom profiling and multi-beam echo-sounders), military sonar, some acoustic deterrent devices and explosive use. Data is collected on the proposed location and date of relevant activities during the planning stages, and on the final location and date after the activity has been completed. The MNR also collects, where available, sound source data including maximum hammer energy maximum airgun volume, equipment frequency, sound pressure levels, sound exposure levels and explosive TNT equivalents.

Where possible, data is extracted from current consenting processes, or is separately provided by developers using a simple online form. Provision of the data is mandatory in some cases and voluntary in others, depending on the type of activity and whether there are any relevant consenting procedures. An integrated data capture system is currently being developed to link the UK Energy Portal Environmental Tracking System (PETS) to the MNR, which will enable oil and gas geological survey application and returns data to be automatically populated.

Maps will be produced annually showing the spread of activities in ‘pulse block days’ (the number of days within the specified period when impulsive noise has been generated within individual UK oil and gas licensing blocks). Data in the Registry are also fed into a Europe-wide registry through the Oslo and Paris Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR).

• The Marine Noise Registry (MNR)
• Further information in relation to the MNR
• EU Monitoring Guidance for Underwater Noise in European Seas, prepared by the MSFD Technical Subgroup on Underwater Noise
• MNR output maps

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager

Merchant Shipping (Oil Pollution Preparedness, Response Co-operation Convention) Regulations 1998

Every offshore installation that presents a risk of oil pollution must have an approved Oil Pollution Emergency Plan (OPEP) setting out arrangements for responding to incidents that cause marine pollution by oil. The OPEP must be prepared, submitted and implemented in accordance with the OPRC Regulations and the Department’s “Guidance Notes for Preparing Oil Pollution Emergency Plans”.

Regulations

• The Merchant Shipping (Oil Pollution Preparedness, Response Co-operation Convention) Regulations 1998
• The Merchant Shipping (Oil Pollution Preparedness, Response Co-operation Convention) (Amendment) Regulations 2015

Guidance

• OPEP Guidance - Rev 5 - April 2019 (PDF, 780KB, 77 pages)

• The Regulation of Oil Spill Treatment Products in the UK (PDF, 261KB, 8 pages)

Other Useful Information

Pollution Response in Emergencies Marine Impact Assessment and Monitoring

The PREMIAM website gives guidance and sets standards for post-spill environmental marine monitoring and is intended to act as a guide and resource for UK government agencies advising incident Environment Groups, industries with the potential to cause marine pollution, and the wider UK monitoring community. For further information please contact the Business Support Team at bst@beis.gov.uk or 01224 254138

Offshore Chemicals Regulations 2002 (as amended)

In 2000, the Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention) adopted Decision 2000/2 on a Harmonised Mandatory Control System for the Use and Discharge of Offshore Chemicals (commonly call the OSPAR HMCS). The Decision was subsequently amended by Decision 2005/1 on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals, and is supported by a number of additional OSPAR decisions, recommendations and agreements relating to the use and discharge of offshore chemicals:

• OSPAR Decision 2000/3 on the Use of Organic-Phase Drilling Fluids (OPF) and the Discharge of OPF-Contaminated Cuttings
• OSPAR Recommendation 2005/2 OSPAR Recommendation 2005/2 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are, or Contain Added Substances, Listed in the OSPAR 2004 List of Chemicals for Priority Action
• OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are, or Which Contain Substances Identified as Candidates for Substitution
• OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)
• OSPAR Recommendation 2014/17 amending OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)
• OSPAR Recommendation 2017/1 on a Harmonised Pre-screening Scheme for Offshore Chemicals
• Further Guidance on the Assessment of the Toxicity of Substances under the Harmonised Pre-Screening Scheme of OSPAR Recommendation 2000/4 (Agreement reference number 2002-4)
• Common Interpretation on which Chemicals are Covered and not Covered by the Harmonised Mandatory Control System under OSPAR Decision 2000/2 (Agreement reference number 2002-6)
• OSPAR Guidelines for Toxicity Testing of Substances and Preparations Used and Discharged Offshore (Agreement reference number 2005-12)
• OSPAR Guidelines for Completing the Harmonised Offshore Chemical Notification Format (HOCNF) (Agreement reference number 2012/05)
• OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR) (Agreement reference number 2013-06)

Copies of the relevant Decisions, Recommendations and Agreements can be found on the OSPAR website.

The Offshore Chemicals Regulations 2002 (“OCR”) implemented the original OSPAR HMCS Decision and were amended by the Offshore Chemicals (Amendment) Regulations 2011. The Regulations were also amended in 2005, 2010, 2016 and 2017 by:

• The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, which introduced provisions relating to enforcement and prohibition notices.
• Article 6 of The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas operations).
• The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016, which introduced provisions recognising the functions undertaken by the Oil and Gas Authority and a requirement to review the regulations.
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017, which introduced a general amendment in relation to fee charging powers.

The regulations require offshore operators to apply for permits for the use and/or discharge of chemicals in the course of all relevant offshore energy activities, including well operations, production operations, pipeline operations, and decommissioning operations.

The 2011 Amendment Regulations extended the provisions to take enforcement action in the event of any unintentional offshore chemical release, and also:

• extended the information-gathering powers so that information can be obtained from a wider range of persons and in relation to a wider range of incidents;
• simplified the process for varying permits or transferring them to other operators; and
• more closely aligned the regulations with the Offshore Petroleum (Oil Pollution Prevention and Control) Regulations 2005 (as amended)

Regulations

• Offshore Chemical Regulations 2002
• Offshore Chemicals (Amendment) Regulations 2011
• Unofficial consolidated version of the regulations incorporating amendments (PDF, 129KB, 15 pages)

Guidance

• Guidance (March 2011) (PDF, 497KB, 53 pages)

• Offshore chemical regulations FAQ's (MS Word Document, 977KB)

• Well Intervention Guidance (PDF, 75KB, 2 pages)

The OCR Guidance is currently being updated and a revised copy will be issued in due course.

Applications and Determinations

Applications for a chemical permit should be submitted via the UK Energy Portal Environmental Tracking System (PETS). Subsidiary Application Templates (SATs) for chemical permits can be made under the following Master Application Templates (MATs), depending on the nature of the proposed operation - Drilling Operations (DRA), Pipeline Operations (PLA), Production Operations (PRA), Well Intervention Operations (WIA) and Decommissioning Operations (DCA). Operators should email bst@beis.gov.uk if they require further information about PETS.

Interested parties can review records relating to applications and decisions made under the Offshore Chemicals Regulations (OCR) at the Oil and Gas: environmental submissions and determinations page

Reporting requirements

Chemical returns. Chemical use and discharge returns for approvals issued through PETS, including returns relating to the discharge of hydrocarbon chemicals and substitute hydrocarbon chemicals, should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

OSPAR Candidates for Substitution. OPRED is required to submit regular implementation reports to the OSPAR Offshore Industry Committee (OIC) in relation to the discharge of chemicals listed in the OSPAR 2004 List of Chemicals for Priority Action and the discharge of chemicals that are identified as Candidates for Substitution. To inform the implementation reports, operators are required to submit annual reports to OPRED detailing the use and discharge of these chemicals during drilling, production, work-over / intervention, pipeline and decommissioning operations, supported by a Technical Justification Report (TJR) for all of the chemicals that are still being used and/or discharged on the UKCS. OPRED will send out documents relating to the reporting requirements every year, and current versions of the documents are available below:

• Substitution chemical annual reporting letter (updated Dec 2018) (PDF, 142KB, 5 pages)

• PRA spreadsheet ( updated Dec 2018) (MS Excel Spreadsheet, 76.9KB)

• WIA, DRA, PLA and DCA spreadsheet (updated Dec 2018) (MS Excel Spreadsheet, 78.1KB)

• Technical Justification Spreadsheet 2018 (MS Excel Spreadsheet, 161KB)

Non-compliance notification. Non-compliance with permit conditions should be notified by completing the OCR non-compliance notification form and sending it by email to bst@beis.gov.uk. The relevant notification form and current guidance are available below:

• OCR non-compliance notification form (MS Word Document, 135KB)

• Guidance on the OCR non-compliance notification form (MS Word Document, 131KB)

For further information please contact the Business Support Team by email at bst@beis.gov.uk or (01224) 254138, or please contact your assigned Environmental Manager.

Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (“the Offshore (PPC) Regulations 2013”) came in to force on 19 May 2013.

The Offshore (PPC) Regulations 2013 transpose the relevant provisions of the Industrial Emissions Directive 2010/75/EU (“the IED”) in respect to specific atmospheric pollutants from combustion installations (with a thermal capacity rating ≥ 50 MW) on offshore platforms undertaking activities involving oil and gas production and gas and carbon dioxide unloading and storage. In this context, the obligations of the Offshore (PPC) Regulations 2013 on the offshore oil and gas industry basically mirror those of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended).

The Explanatory Memorandum fully describes the scope and other aspects associated with the Offshore (PPC) Regulations 2013. The Offshore (PPC) Regulations 2013 apply to those offshore combustion installations where a permit for their use is applied for and granted after 19 May 2013 - please note important points under the ‘Guidance’ heading below. As required by the IED, the existing 2001 Regulations (as amended) will continue to apply to offshore combustion installations which already have a permit before the Offshore (PPC) Regulations 2013 came into force or where a permit was applied for before the 19 May 2013 and it was subsequently granted. Subject to transitional provisions, the existing 2001 Regulations (as amended) will cease to apply after 07 January 2014.

Regulations

• The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013
• The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007
• The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

The 2013 Regulations include a statutory duty to undertake a Post Implementation Review and publish the report by 19 May 2018, 5 years after the Regulations came in to force. The review is published here:

• The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 - Post Implementation Review (PDF, 81.4KB, 4 pages)

Guidance

OPRED will be revising the Guidance Notes to the 2001 Regulations (as amended) and the guidance / forms pertaining to ‘PPC permit applications and reporting requirements’ in order to reflect the obligations of the Offshore (PPC) Regulations 2013. The offshore industry will be consulted - by the end of July / early August 2013 - on drafts of the revised documentation before updated versions are formally published. If, prior to the revised documentation being made available, any Operators need to apply for a new permit under the Offshore (PPC) Regulations 2013 then they should use the existing application form. See links below to the extant Guidance Notes, the present guidance / forms for permit applications and reporting requirements, and other related information.

• Regulatory Impact Assessment (MS Word Document, 48KB)

• Guidance on Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (PDF, 353KB, 80 pages)

Graphics and diagrams

The following graphics and diagrams are referred to in the guidance document:

IPPC flowchart

• IPPC flow chart: combustion plant (MS Powerpoint Presentation, 45KB)

Combustion graphs

• Indicative comparison between DLE and conventional combustion (PDF, 90.3KB, 1 page)

• Gas turbines: influence of temperature on CO2 and NOx emissions (PDF, 51.2KB, 1 page)

Vendor turbine graphics

• Gas turbines: dual fuel DLE combustor concept (PDF, 165KB, 1 page)

• Rolls Royce RB211 with advanced combustors (PDF, 210KB, 1 page)

• Workshop view of Rolls Royce RB211 with advanced combustors (PDF, 262KB, 1 page)

• Tornado gas turbine package (PDF, 157KB, 1 page)

• Alstom low emission gas turbine package (PDF, 199KB, 1 page)

Project reports

• Large Combustion Plant Stack monitoring industry letter (PDF, 73.2KB, 1 page)

• Offshore emissions monitoring guidance (v3, December 2016) (PDF, 691KB, 56 pages)

• Guidance on energy assessment methodology (PDF, 138KB, 18 pages)

Applications

• PPC application form (MS Word Document, 351KB)

• PPC draft permit and conditions (PDF, 221KB, 8 pages)

Details of current and previous applications can be found on the Oil and gas: environmental submissions and determinations page.

Reporting requirements

• PPC non-compliance notification form (MS Word Document, 36KB)

• Guidance on the PPC non-compliance notification form (MS Word Document, 43KB)

For further information please contact the Business Support Team by email at bst@beis.gov.uk or please contact your assigned Environmental Manager.

Environmental Inspection Plans 2014 onwards

• Environmental Inspection Plan 2018 (PDF, 270KB, 3 pages)

• Environmental Inspection Plan 2017 (PDF, 96KB, 3 pages)

• Environmental Inspection Plan 2016 (PDF, 168KB, 3 pages)

• Environmental Inspection Plan 2015 (PDF, 83.5KB, 3 pages)

• Environmental Inspection Plan 2014 (PDF, 161KB, 3 pages)

PPC Inspection Letters Issued

• PPC Inspection Letters issued in 2019 (MS Excel Spreadsheet, 11.7KB)

• PPC Inspection Letters Issued in 2018 (MS Excel Spreadsheet, 11.3KB)

• PPC Inspection Letters Issued in 2017 (MS Excel Spreadsheet, 11.3KB)

• PPC Inspection Letters Issued in 2016 (Updated April 2017) (PDF, 110KB, 1 page)

• PPC Inspection Letters Issued in 2014 and 2015 (PDF, 126KB, 2 pages)

Please email bst@beis.gov.uk should you have any queries relating to these letters, or wish more information.

Offshore Installations (Emergency Pollution Control) Regulations 2002

These Regulations provide powers to the Secretary of State to prevent and reduce pollution, and the risk of pollution, following an accident involving an offshore installation where:

• there may be significant pollution
• an operator is failing or has failed to implement effective control and preventative operations.

The Secretary of State’s role is to monitor, and if necessary intervene, in the event of a threatened or actual pollution incident in connection with an offshore installation.

Regulations

The Offshore Installations (Emergency Pollutions Control) Regulations 2002

Guidance

• Guidance Notes July 2016 (PDF, 291KB, 12 pages)

Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended)

Council Directive 79/409/EEC on the protection of wild birds, commonly known as the Birds Directive, was adopted in 1979, and aims to protect all wild birds and their most important habitats across the EU. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, commonly known as the Habitats Directive, was adopted 13 years later in 1992. It introduces very similar measures but extends the protection to around 1000 other rare, threatened or endemic species of wild animals and plants, often collectively referred to as species of European importance. It also, for the first time, introduced protection for some 230 rare or important habitat types. The Birds Directive was subsequently amended by Directive 2009/147/EC, a codified version of the original directive.

Together, the Birds and Habitats Directives provide a strong legislative framework to protect the EU’s most vulnerable species and habitat types across their entire natural range within the EU, irrespective of political or administrative boundaries. The overall objective of the two directives is to ensure that the species and habitat types they protect are maintained at, or restored to, a favourable conservation status throughout their natural range within the EU. They therefore not only aim to halt any decline, but also aim to ensure that the qualifying species and habitats recover sufficiently to enable them to flourish over the long-term.

The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 implemented the main provisions of the directives as they applied to offshore oil and gas activities, and were amended in 2007, 2010 and 2017 by:

• The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007 which amended and extended a number of provisions in the 2001 regulations.
• Article 3 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (the “2010 Order”) which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas production activities).
• Part four of the Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 which introduced provisions relating to the review of existing decisions.

The most important provisions of the regulations in relation to environmental submissions to the Department are:

Regulation 4 which requires the issue of consent for geological surveys relating to offshore oil and gas operations and offshore combustible gas and carbon dioxide unloading and storage operations undertaken in the UKCS.

Regulation 5 which requires that, before the grant of any licence, consent, authorisation or approval involving a proposed activity that is likely to have a significant effect on a relevant protected site, whether individually or in combination with any other plan or project, the Secretary of State must make an appropriate assessment (a Habitats Regulation Assessment) of the implications for the site in view of the site’s conservation objectives. The Department is therefore required to undertake a likely significant effects assessment, or ‘screening’ exercise, and/or a more in-depth, ‘appropriate assessment’, and this can significantly delay the determination of a submission.

Regulations

• Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
• Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007
• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010
• The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Guidance

• European Commission guidance on the ‘Assessment of plans and projects significantly affecting Natura 2000 sites (Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC)
• Guidance on Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (MS Word Document, 120KB) Note: The Department is currently updating this guidance and an amended version will be published in due course
• Guidance Notes for Oil And Gas Surveys and Shallow Drilling (PDF, 235KB, 21 pages) Note: The Department is currently updating this guidance and an amended version will be published in due course
• JNCC guidelines for minimising the risk of injury to marine mammals from geophysical surveys (PDF, 796KB, 28 pages)
• Statutory nature conservation agency protocol for minimising the risk of injury to marine mammals from piling noise (PDF, 242KB, 13 pages)
• JNCC guidelines for minimising the risk of injury to marine mammals from using explosives (PDF, 165KB, 10 pages)

Other Useful Information

• The EU Habitats and Birds Directives
• Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
• Council Directive 2009/147/EC on the conservation of wild birds (codified version)

Applications and determinations

• Applications for geological surveys, or notifications of proposed marine surveys which does not require consent are submitted and processed via the UK Energy Portal
• Applications or notifications can be submitted via a standalone (SA) Master Application Template (MAT), where the survey is not linked with any other activity requiring a UK Energy Portal application, or via a Subsidiary Application Templates (SAT) if the survey is linked to another activity, e.g. a relevant drilling MAT (DRA).
• Interested parties can review records of geological survey applications and marine survey notification submissions, and any relevant decisions made under the Habitats Regulations

• A list of Habitats Regulations Assessments undertaken by the Department can be found on: HRA Spreadsheet (MS Excel Spreadsheet, 54.9KB)

• Copies of specific appropriate assessments that may be of interest to operators can be found below:
  • PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Record of Appropriate Assessment
  • Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Record of Appropriate Assessment

  • ConocoPhillips (U.K) Limited, Viking and LOGGS Phase 1 Decommissioning and Strategic Review of Proposed Further Decommissioning at Viking and LOGGS: Record of Habitats Regulations Assessment (PDF, 11.7MB, 89 pages)

  • Dogger Bank SAC Oil and Gas Decommissioning Strategic HRA: Record of Habitats Regulations Assessment (PDF, 7.69MB, 74 pages)

  • Corallian Energy Limited, Colter Appraisal Well 98/11-E: Record of Habitats Regulations Assessment (PDF, 565KB, 24 pages)

  • Spectrum Geo Limited, 3D Seismic Survey in Quadrants 36, 37, 38, 42 and 43: Record of Habitats Regulations Assessment (PDF, 14.9MB, 87 pages)

Reporting requirements

• It is a condition of all geological survey consents that an activity log and close out report is submitted to the Department following completion of the survey. The report is an Excel spreadsheet
• In future the returns will be migrated to the EEMS reporting system accessed via the UK Energy Portal and will automatically feed into the Marine Noise Registry (see section on The Marine Strategy Regulations 2010). However in the interim the return forms should be submitted by e-mail to: bst@beis.gov.uk
• The close-out report worksheet must also be submitted to Schlumberger Integrated Solutions for all seismic surveys, except site surveys, and to Medin for all seismic site surveys. Relevant contact details and guidance are provided in the Excel spreadsheet.
• Where it is a condition of the geological survey consent that a Marine Mammal Observer (MMO) and/or a Passive Acoustic Monitoring (PAM) operative is provided for the survey, a MMO report must also be submitted to the Department following completion of the survey, and copied to the Joint Nature Conservation Committee (JNCC). Copies of the relevant forms and guidance, and summary reports of MMO observations, can be found on the JNCC website

Project reports

• Subacoustech R&D Project – Effects of noise on the marine environment (MS PowerPoint Presentation, 5.48MB)
• Review and Assessment of Underwater Sound Produced from Oil and Gas Activities and Potential Reporting Requirements under the Marine Strategy Framework Directive, July 2011 (PDF, 1.73MB, 72 pages)
• Moray Firth Study – this was a three year project undertaken by Aberdeen University on behalf of the Department, with co-funding from the Scottish Government, Collaborative Offshore Wind Research into the Environment (COWRIE) and Oil & Gas UK, to assess the potential impact of oil and gas seismic survey operations on cetaceans in the Moray Firth. Relevant reports relating to the study and the associated seismic surveys can be found below:

Final Study Report, November 2013 (PDF, 4.64MB,144 pages)

Annex II: Underwater noise propagation modelling and estimate of impact zones for seismic operations in the Moray Firth (PDF, 1.28MB, 62 pages)

• 2D seismic survey in the Moray Firth: Review of noise impact studies and reassessment of acoustic impacts (PDF, 989KB, 57 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Record of Appropriate Assessment (PDF, 8.89MB, 73 pages)

• Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Record of Appropriate Assessment (PDF, 8.62MB, 74 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: Marine Mammal Observations and Passive Acoustic Monitoring Report (PDF, 8.49MB, 91 pages)

• PA Resources, 2D Seismic Survey Blocks 17/4b, 17/3, 11/28 and 11/29: MMO Record Spreadsheet (MS Excel Spreadsheet, 2.1MB)

• Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey: Marine Mammal Observations and Passive Acoustic Monitoring Report and Record Spreadsheet (PDF, 4.38MB, 105 pages)

• University of Aberdeen staff involved in the project have also published a number of scientific papers relating to the study: Williamson, L.D., Brookes, K.L., Scott, B.E., Graham, I.M. & Thompson, P.M. (2017) Diurnal variation in harbour porpoise detection - potential implications for management. Marine Ecology Progress Series 570:223-232

• Williamson, L.D., Brookes, K.L., Scott, B.E., Graham, I.M., Bradbury, G., Hammond, P.S. & Thompson, P.M. (2016) Echolocation detections and digital video surveys provide reliable estimates of the relative density of harbour porpoises. Methods in Ecology and Evolution. DOI: 10.1111/2041-210X.12538

• Thompson, P.M., Brookes, K.L. & Cordes, L.S. (2014) Integrating passive acoustic and visual data to model spatial patterns of occurrence in coastal dolphins ICES J. Mar. Sci., DOI:10.1093/icesjms/fsu110

• Pirotta, E., Brookes, K.L., Graham, I.M. & Thompson, P.M. (2014) Variation in harbour porpoise activity in response to seismic survey noise. Biology Letters, 10: 20131090

• Thompson, P.M., Brookes, K.L., Graham, I.M., Barton, T.R., Needham, K., Bradbury, G. & Merchant, N.D. (2013) Short-term disturbance by a commercial two-dimensional seismic survey does not lead to long-term displacement of harbour porpoises. Proceedings of the Royal Society, B. 280: 20132001. DOI: 10.1098/rspb.2013.2001

• Brookes, K.L., Bailey, H. & Thompson, P.M. (2013) Predictions from harbor porpoise habitat association models are confirmed by long-term passive acoustic monitoring. J. Acoust. Soc. Am., 134: 2523-2533

• A full list of the publications of the University of Aberdeen’s Cromarty Lighthouse Field Station is available using this link

For further information please contact the Business Support Team by e mail at bst@beis.gov.uk or (01224) 254138 or please contact your assigned Environmental Manager. 

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

In 2001, the Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention) adopted Recommendation 2001/1 for the Management of Produced Water from Offshore Installations. The Recommendation aims to prevent and eliminate pollution by oil and other substances caused by discharges of produced water into the sea. The Recommendation supplemented the controls on the use and discharge of chemicals established by OSPAR Decision 2000/2 on a Harmonised Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals. The Recommendation was amended by further Recommendations in 2006 and 2011.

• OSPAR Recommendation 2001/1 for the Management of Produced Water from Offshore Installations
• OSPAR Recommendation 2006/4 amending Recommendation 2001/1
• OSPAR Recommendation 2011/8 amending Recommendation 2001/1

Copies of OSPAR Decisions, Recommendations and Agreements can be found on the OSPAR website.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (“OPPC”) implement the OSPAR Recommendation and were amended by the Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011. The Regulations were also amended in 2010, 2016 and 2017 by:

• Article 9 of The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas operations).
• The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016, which introduced provisions recognising the functions undertaken by the Oil and Gas Authority and a requirement to review the regulations.
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017, which introduced a general amendment in relation to fee charging powers.

The regulations prohibit the discharge of oil to sea from offshore oil and gas installations other than in accordance with the terms and conditions of a permit, and require offshore operators to apply for permits for all planned discharges of oil in the course of all relevant offshore energy activities, including well operations, production operations, pipeline operations, and decommissioning operations.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 introduced the concept of a ‘release’ to cover all unintentional spills, leaks or non-operational discharges, in alignment with the definition contained in the Offshore Chemical (Amendment) Regulations 2011, and also:

• introduced a new definition of ‘offshore installation’ to encompass all pipelines, some of which were not previously covered by the OPPC regulations;
• extended information-gathering powers so that information can be obtained from a wider range of persons and in relation to a wider range of incidents;
• provided additional powers for appointed inspectors to take appropriate enforcement action in relation to releases or potential releases of oil; and
• simplified the process for varying permits or transferring them to other operators.

Regulations

• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
• Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011
• Unofficial consolidated version of the regulations incorporating all amendments (PDF, 122KB, 14 pages)

Guidance

• OPPC guidance notes for industry (PDF, 349KB, 47 pages)

• OPPC Applications Frequently Asked Questions - (updated 12/03/14) (PDF, 218KB, 3 pages)

• Methodology for the Sampling and Analysis of Produced Water and other Hydrocarbon Discharges (PDF, 646KB, 84 pages)

• Summary of Amendments to the Methodology Document (MS Word Document, 36.6KB)

• Interim OPPC Guidance - Letter to Industry - 28th February 2019 (PDF, 104KB, 2 pages)

The OPPC Guidance is currently being updated and a revised copy will be issued in due course.

Other Useful Information

The Dispersed Oil in Produced Water Trading Scheme was developed to reduce the quantity of dispersed oil discharged from offshore oil and gas installations, in response to an OSPAR initiative. It was eventually cancelled following consultation, with the approval of the Secretary of State for Business Enterprise and Regulatory Reform. However, background information in relation to the scheme is available via the National Archives

Applications and determinations

Applications for an oil discharge permit should be submitted via the UK Energy Portal Environmental Tracking System (PETS). Subsidiary Application Templates (SATs) for oil discharge permits can be made under the following Master Application Templates (MATs), depending on the nature of the proposed operation - Drilling Operations (DRA), Pipeline Operations (PLA), Production Operations (PRA), Well Intervention Operations (WIA) and Decommissioning Operations (DCA). Operators should email bst@beis.gov.uk if they require further information about PETS.

Interested parties can review records relating to applications and decisions made under The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (OPPC) at the Oil and gas: environmental submissions and determinations page.

Reporting requirements

Oil discharge returns. Oil discharge returns for approvals issued through PETS should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

A summary of oil discharges in produced water during the period 2006 to 2016 is contained in the following table:

• Produced water discharges containing oil (2006-16) (PDF, 47.5KB, 1 page)

Non-compliance notification. Non-compliance with permit conditions should be notified by completing the OPPC non-compliance notification form and sending it by email to bst@beis.gov.uk. The relevant notification form and current guidance are available below:

• OPPC non-compliance notification form (MS Word Document, 83KB)

• Guidance on OPPC non-compliance notification form (MS Word Document, 89KB)

For further information please contact the Business Support Team by email at bst@beis.gov.uk or 01224 254138, or please contact your assigned Environmental Inspector

Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended)

Council Directive 85/337/EEC on the Assessment of the Effects of Certain Public and Private Projects on the Environment (the “1985 Directive”), as amended by Council Directive 97/11/EC, Directive 2003/35/EC and Directive 2009/31/EC, requires environmental assessments to be carried out for certain types of project, including offshore oil and gas activities, throughout the European Union.

The 1985 Directive and its 3 amendments were codified by Directive 2011/92/EU (“the existing Directive”), in advance of the European Commission adopting a proposal in October 2012 to further review and amend the existing Directive. On 15 May 2014, Directive 2011/92/EU was subsequently amended by Directive 2014/52/EU.

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (“the EIA Regulations”) implemented the original Directive and the 1997 amendment, and were amended in 2007, 2010 and 2017 by:

• The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 to implement Directive 2003/35/EC which provided for public participation in respect to the drawing-up of certain plans and programmes relating to the environment.

• Article 2 of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (the “2010 Order”) which applied the provisions to offshore combustible gas and carbon dioxide unloading and storage operations (in addition to oil and gas production activities).

• Part One of the Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (the “2017 Regulations”) which implements the requirements of Directive 2014/52/EU, and also consolidates the provisions of Article 2 of the 2010 Order (revoking those provisions).

The relevant offshore hydrocarbon-related activities covered by the EIA Regulations (as amended) include, but are not limited to, the granting and renewal of production consents for field developments, the drilling of wells (deep drilling) and the construction and installation of production facilities and pipe-lines in the United Kingdom and on the United Kingdom Continental Shelf (UKCS). Full details of these and other requirements can be found in the published guidance.

Regulations

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

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

• The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

• The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Guidance

• OPRED EIA Guidance 2019 Revision 5 14 February 2019 (PDF, 1.83MB, 83 pages)

Applications and determinations

• Environmental Statements (ESs) must be submitted in hard copy to the Business Support Team, and developers should email bst@beis.gov.uk to confirm the submission requirements.

• Applications for Directions to confirm that an ES is not required should be submitted via the UK Energy Portal Environmental Tracking System (PETS), and developers should email bst@beis.gov.uk if they require further information about PETS.

• Interested parties can review records relating to submissions and decisions made under the EIA Regulations at Oil and gas: environmental submissions and determinations.

Reporting requirements

• Authorised deposit returns for approvals issued through PETS should be made using the appropriate Environmental Emissions Monitoring System (EEMS) reporting form.

• Deposit returns requested by the Environmental Management Team for activities covered by an EIA exclusion should be made using this Form (MS Excel Spreadsheet, 77KB) , and should be submitted by email to bst@beis.gov.uk.

Environmentally sensitive areas

• Environmentally Sensitive Areas (MS Word Document, 150KB)

• JNCC UK Marine Protected Area (MPA) Mapper

• Quadrant/Block Specific Issues (PDF, 1.81MB, 175 pages)

• Seabird Oil Sensitivity Index (MS Excel Spreadsheet, 4.29MB)

Project reports

• A Review of Environmental Statements Produced for Offshore Oil and Gas Developments (PDF, 196KB, 10 pages)

• Quality review of environmental statements for offshore petroleum production and pipeline developments (PDF, 546KB, 70 pages)

• Assessment of adverse non-pollution effects for offshore petroleum production and pipeline developments (PDF, 234KB, 20 pages)