The
Pollution Prevention and Control (Fees) (Miscellaneous
Amendments) Regulations 2017
Laid before Parliament 16th March 2017
Coming into force 6th April 2017
These Regulations make provision to charge fees regarding
activities carried out by the Secretary of State relating to the
environmental regulation of the offshore oil and gas industry.
Regulation 2 amends the Offshore Chemicals Regulations 2002
(S.I. 2002/1355)
(“OCR”). It allows fees to be charged in respect of assessing how
the environment might be affected by the discharge into it of any
substances. (“Discharge” is defined at regulation 2 of OCR.)
Regulation 2 also allows fees to be charged in relation to
certain advice given as part of the Secretary of State’s
functions under OCR.
Regulation 3 amends the Offshore Petroleum Activities (Oil
Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055) (“OPPC”). It
allows fees to be charged in respect of the assessment of the
effect upon the environment of the discharge into it of any oil.
(“Discharge” is defined at regulation 2 of OPPC.) Regulation 3
also allows fees to be charged in relation to certain advice
given as part of the Secretary of State’s functions under OPPC.
Regulation 4 amends the Pollution Prevention and Control (Fees)
(Miscellaneous Amendments and Other Provisions) Regulations 2015
(S.I. 2015/1431).
Regulation 4(1) to 4(4) amends the charging provisions relating
to the regulation of fluorinated greenhouse gases. Powers to
charge for monitoring compliance with Commission Regulation (EC)
No 1497/2007(), Commission Regulation (EC)
No 304/2008() and
Commission Implementing Regulation (EU) 2015/2066()
have been introduced and the power to charge for monitoring
compliance with Commission Implementing Regulation (EU) No
1191/2014() has
been removed. The amendments also reflect that Commission Regulation (EC)
No 1494/2007() has
been repealed and replaced by Commission Implementing Regulation
(EU) 2015/2068()
and Commission Regulation (EC)
No 303/2008() has
been repealed and replaced by Commission Implementing Regulation
(EU) 2015/2067().
Regulation 4(5) allows fees to be charged in relation to the
functions of the Secretary of State for Business, Energy and
Industrial Strategy under the Energy Savings Opportunity Scheme
Regulations 2014 (S.I. 2014/1643).
Regulation 5 amends the Offshore Petroleum Licensing (Offshore
Safety Directive) Regulations 2015 (S.I. 2015/385) (“OPLR”). It
allows fees to be charged in relation to the Secretary of State’s
functions as part of the competent authority under OPLR.
An impact assessment of the effect that this instrument will have
on the costs of business is annexed to the Explanatory Memorandum
which is available alongside these Regulations on www.legislation.gov.uk. No
impact on the voluntary sector is expected.