The Offshore Chemicals (Amendment) Regulations 2011

JurisdictionUK Non-devolved

2011 No. 982

Environmental Protection

The Offshore Chemicals (Amendment) Regulations 2011

Made 29th March 2011

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1) to (3) and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 19991.

The Secretary of State has consulted the persons required to be consulted by section 2(4) of that Act.

A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 2(8) and (9)(d) of that Act.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Offshore Chemicals (Amendment) Regulations 2011 and come into force on the day after the day on which they are made.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations, “the 2002 Regulations” means the Offshore Chemicals Regulations 20022.

Amendment of the 2002 Regulations

Amendment of the 2002 Regulations

S-3 The 2002 Regulations are amended as follows.

The 2002 Regulations are amended as follows.

3. The 2002 Regulations are amended as follows.

S-4 In regulation 2 (interpretation)— for the definition of...

4. In regulation 2 (interpretation)—

(a) for the definition of “discharge” substitute—

““discharge”, in relation to an offshore chemical, means any intentional emission of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;”;

(b) after the definition of “discharge” insert—

““enforcement notice” means a notice served under regulation 16A(1) or (1A);”;

(c) after the definition of “the Gazettes” insert—

““installation” includes any floating structure or device maintained on a station by whatever means;”;

(d) in the definition of “offshore chemical”, omit “intentionally” and after “used” insert “, or intended to be used,”;

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

““offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, offshore petroleum activities or offshore storage and unloading activities;”;

(f) after the definition of “permit application”, insert—

““permit holder” means the holder from time to time of a permit;”

(g) omit the definition of “pipeline”;

(h) after the definition of “prescribed date”, insert—

““prohibition notice” means a notice served under regulation 16B(1);

“release”, in relation to an offshore chemical, means the emission (other than by way of discharge) of the chemical, or any of its degradation or transformation products, from an offshore installation into the relevant area;”;

(i) in the definition of “relevant area”—

(i) in sub-paragraph (a) omit “and Wales”;

(ii) in sub-paragraph (b) after “Scottish controlled waters” insert “and Welsh controlled waters”;

(j) for the definition of “use” substitute—

““use”, in relation to an offshore chemical, means any intentional application of the chemical in the carrying out of offshore activities under normal operating conditions;

“Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 19913.”;

(k) for paragraph (2) substitute—

S-2

“2 In these Regulations, in relation to an offshore storage or unloading activity—

(a) any reference to the use, discharge or release of an offshore chemical is to be read as a reference to its use in, or discharge or release into, the reserved area;

(b) any reference to pollution is to be read as a reference to pollution introduced into the reserved area.”

S-5 In regulation 3 (requirement for permit to use or discharge...

5. In regulation 3 (requirement for permit to use or discharge offshore chemicals)—

(a) in paragraph (1) omit “in the relevant area”; and

(b) omit paragraph (3).

S-6 After regulation 3, insert— 3A Prohibition on the release of...

6. After regulation 3, insert—

S-3A

Prohibition on the release of offshore chemicals

3A. No person shall—

(a) release an offshore chemical; or

(b) allow such a release to continue.”.

S-7 In paragraph (2) of regulation 5 (conditions of permits)— in...

7. In paragraph (2) of regulation 5 (conditions of permits)—

(a) in sub-paragraph (b) for “operator” substitute “permit holder”; and

(b) in sub-paragraph (d) for “accidents” substitute “incidents”.

S-8 In regulation 8 (fees)— in paragraph (1) after “charge” insert...

8. In regulation 8 (fees)—

(a) in paragraph (1) after “charge” insert “permit applicants, permit holders and”; and

(b) in paragraph (2), for sub-paragraphs (a) to (c) substitute—

“(a)

“(a) an application for the grant or renewal of a permit;

(b)

(b) an application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;

(c)

(c) a request for the Secretary of State’s consent to the transfer of a permit;

(ca)

(ca) the revocation or surrender of a permit;”.

S-9 In regulation 10 (application for renewal of an existing...

9. In regulation 10 (application for renewal of an existing permit)—

(a) in paragraph (1), for “an operator” substitute “a permit holder”; and

(b) in paragraph (3) omit the words from “, provided that she has consulted” to the end.

S-10 In the heading to regulation 11 (variation of permit on...

10.—(1) In the heading to regulation 11 (variation of permit on application of operator), omit “on application of operator”.

(2) In regulation 11—

(a)

(a) in paragraph (1)—

(i) for “An operator”, substitute “A permit holder”;

(ii) omit “relating to the use or discharge of an offshore chemical in the relevant area”;

(b)

(b) in paragraph (2) omit—

(i) “by the operator”; and

(ii) the words from “provided that she has taken” to the end; and

(c)

(c) in paragraph (4) for “the change”, substitute “a variation of the terms and conditions as specified in the application”.

S-11 In regulation 12 (reconsideration of permits and permit...

11. In regulation 12 (reconsideration of permits and permit conditions)—

(a) in paragraph (1) omit “granted in accordance with these Regulations”;

(b) in paragraph (3), for “operator concerned” substitute “permit holder”;

(c) in paragraph (4), for “operator” substitute “permit holder”; and

(d) omit paragraph (7).

S-12 After regulation 12, insert— 12A Transfer of permit A permit...

12. After regulation 12, insert—

S-12A

Transfer of permit

12A. A permit holder shall not, except with the prior consent in writing of the Secretary of State and in accordance with the conditions (if any) of the consent, transfer the permit or any rights granted by the permit, to another person.”.

S-13 In regulation 13 (revocation and surrender of permits)— in...

13. In regulation 13 (revocation and surrender of permits)—

(a) in paragraph (1)—

(i) omit “granted pursuant to these Regulations”; and

(ii) for “operator in question” substitute “permit holder”; and

(b) in paragraph (2) for “An operator to whom a permit has been granted” substitute “A permit holder”.

S-14 In paragraph (1) of regulation 14 (register to be kept by the...

14. In paragraph (1) of regulation 14 (register to be kept by the Secretary of State) omit “granted under these Regulations”.

S-15 For paragraph (1) of regulation 15 (provision of information to...

15. For paragraph (1) of regulation 15 (provision of information to the Secretary of State) substitute—

S-1

“1 A person who uses, discharges or releases an offshore chemical shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purposes of performing the Secretary of State’s functions under these Regulations.

S-1A

1A The permit holder or, if there is no permit holder, the operator shall without delay provide the Secretary of State with information, in such form and in such manner as the Secretary of State may direct, of—

(a) an incident resulting in the use of, or the discharge of, an offshore chemical save in accordance with the terms and conditions attached to a permit;

(b) an incident resulting in a release; or

...

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