| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/968 |
| Year | 1998 |
These Regulations may be cited as the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1998 and shall come into force on 30th April 1998.(1) In these Regulations—(2) References in these Regulations to a project being in a particular area include, unless the context otherwise requires, a project proposed to be carried out in that area, a project which is in the course of being carried out in that area or a project which has been carried out in that area.to which paragraph (2) below applies; andwhich might be carried out in the relevant area by virtue of such licences.for a development which the Secretary of State is not satisfied will produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; orthe drilling of a well;the erection of a structure; orthe getting of petroleum,to which paragraph (2) above applies; andwhich might be carried out in the relevant area pursuant to such a licence.(4) Notwithstanding any provision in any licence and subject to paragraph (5) below, an undertaker shall not use a floating installation in connection with a relevant project comprising a development without the prior written consent of the Secretary of State granted in accordance with these Regulations.(5) Paragraph (4) above does not apply to the continued use of a floating installation in connection with a relevant project comprising a development where that use commenced before the coming into force of these Regulations.an application for that consent accompanied by an environmental statement; oran application for that consent which falls within the terms of a direction given under regulation 5 below (provision as to directions that no environmental statement need be prepared) .is satisfied that the requirements of these Regulations as to consultation and publicity have been substantially met; andthe environmental statement;any information in respect of that relevant project of the kind referred to in regulation 8(2) ;the representations of any environmental authority to which a copy of that statement was required to be sent pursuant to these Regulations; andany opinions expressed by the public.the environmental statement originally prepared in respect of the relevant project in question;any representations previously made by an environmental authority to whom that statement was required to be sent; andany opinions originally expressed by the public.(4) Where having considered the matters set out in paragraph (2) (b) or, as the case may be, (3) above, the Secretary of State gives her consent to a relevant project, she may (to the extent that she has no power to do so apart from this regulation 4(4) ) attach conditions to that consent for the purpose of reducing any significant adverse effects of that project on the environment.(5) The Secretary of State shall publish in the Gazettes her decision in relation to any application for consent accompanied by an environmental statement in respect of a relevant project, together with, where she gives consent, details of any conditions attached to that grant of consent.(6) Upon publication in the Gazettes of her decision in relation to an application for consent, the Secretary of State shall communicate that decision to any member State which has, pursuant to regulation 10 below (projects affecting other member States) , been provided with a copy of the environmental statement that accompanied that application.an undertaker makes an application containing the appropriate particulars to the Secretary of State for her to exercise the power conferred by this paragraph (1) ; andthe carrying out of the relevant project described in that application; orthe carrying out of the relevant project as modified or carried out in a particular way or carried out at a particular time,(2) Where a relevant project has been the subject of an environmental assessment in accordance with regulation 4(2) above (consideration of application for consent accompanied by environmental statement) , the Secretary of State may, on the application of the undertaker concerned, give a direction that further applications for consents of such kind as may be specified in that direction need not be accompanied by an environmental statement provided that the Secretary of State is satisfied that if such consents were granted anything that might be done pursuant to them would not give rise to substantially different or significantly greater effects from those mentioned in the environmental statement originally prepared in respect of the relevant project.(3) An undertaker shall provide to the Secretary of State such further information in relation to an application made by the undertaker under paragraphs (1) (a) and (2) above as the Secretary of State may require.to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than in the course of the testing of any well;to the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; orfor the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (whether that pipe-line forms an integral part of a development or otherwise) .
