The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/898 |
| Year | 2018 |
2018 No. 898
Energy
The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018
Made 23th July 2018
Coming into force in accordance with regulation 1
The Secretary of State for Business, Energy and Industrial Strategy, in exercise of powers conferred by sections 66(1) and (2) and 82(2) of the Energy Act 20161and having had regard to the requirements of section 66(5) and (6) of that Act, makes the following Regulations.
The Secretary of State is satisfied under section 66(4) of the Energy Act 2016 that consultation is not necessary having regard to consultation carried out by the Oil and Gas Authority.
In accordance with section 82(4) of the Energy Act 2016 a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 and come into force on the twenty-first day after the day on which they are made.
General application
2. Subject to regulation 3, these Regulations apply to the following protected material2obtained by the OGA3under Chapter 3 of Part 2 of the Energy Act 2016—
(a) material falling within regulations 5 to 7 (information relating to geological surveys) where the end of the calendar year in which the information is acquired or created by or on behalf of an offshore licensee4occurs after the commencement of these Regulations; and
(b) material falling within regulations 8 to 21 (other information relating to offshore petroleum activities) where the event which under these Regulations determines the time at, or after which, the material may be published or made available to the public occurs after the commencement of these Regulations.
Application in relation to the determination of an offshore licence
3.—(1) Paragraph (2) applies where—
(a)
(a) these Regulations permit the publication of protected material after the determination of an offshore licence5; and
(b)
(b) the determination relates to only part of the area in respect of which the licence was granted.
(2) These Regulations are to be applied to the protected material relating to the part of the area to which the determination relates only unless that is the only area in respect of which the licence continued to have effect.
Interpretation
4.—(1) In these Regulations—
“characteristics” includes temperature and pressure;
“computerised model” means a model which—
(a) provides a spatial representation of the distribution of sediment and rock in the subsurface, or
(b) simulates the flow of petroleum or any other fluid in a reservoir;
“determination” means any of the following events in relation to all or part of the area in respect of which an offshore licence is granted—
(a) a surrender of rights under the licence;
(b) the expiry of the licence;
(c) the revocation of the licence by the OGA where the revocation is in respect of every person who is a licensee with an interest in the area in respect of which the licence is revoked;
“development plan” means a plan or programme of activity under an offshore licence which satisfies the following conditions—
(a) a clause corresponding to model clause 17(1) of the Schedule to the Petroleum Licensing (Production) (Seaward Areas) Regulations 20086applies to the plan or programme, and
(b) the OGA has—
(i) given consent or approval to the plan or programme, or
(ii) served the plan or programme on the licensee;
“petroleum” has the meaning given in section 1 of the Petroleum Act 19987;
“pipeline works authorisation” means an authorisation given by the OGA in accordance with section 15 of the Petroleum Act 19988;
“production information” means information acquired or created by or on behalf of an offshore licensee which relates to—
(a) the quantity of petroleum or any other fluid which is produced from or injected into a reservoir;
(b) the chemical composition or characteristics of petroleum or any other fluid which is produced from or injected into a reservoir;
(c) the quantity of gas which is produced from a reservoir and which is flared, vented or used in or during production from that reservoir;
(d) the chemical composition or characteristics of gas which is produced from a reservoir and which is flared, vented or used in or during production from that reservoir;
(e) the quantity of petroleum or any other fluid which is produced or used in or during production from a reservoir and which is transported from the petroleum field; or
(f) the chemical composition or characteristics of petroleum or any other fluid which is produced or used in or during production from a reservoir and which is transported from the petroleum field;
“production licence” means an offshore licence which confers on the holder of that licence the right to search and bore for, and get, petroleum;
“relevant licence” means the offshore licence under which the activities were carried out in the course of which the protected material to be published or made available to the public was acquired or created;
“relevant offshore installation” has the meaning given in section 9HA of the Petroleum Act 19989;
“relevant upstream petroleum infrastructure” means a relevant oil processing facility or a relevant gas processing facility as defined for the purposes of section 9H of the Petroleum Act 199810;
“well” includes borehole.
(2) In regulations 6 and 7, “processing” means any operation performed on data acquired or created in the course of a geological survey to generate an image of the subsurface.
PART 2
Disclosure of protected material
Summary information relating to geological surveys carried out by or on behalf of an offshore licensee
5.—(1) This regulation applies to the following information relating to a geological survey which is carried out by or on behalf of an offshore licensee—
(a)
(a) the name of the survey;
(b)
(b) the dates on which the survey started and finished or was expected to start and finish;
(c)
(c) the type of survey;
(d)
(d) whether the survey was carried out by or on behalf of the holder of a production licence for the purpose of getting petroleum under that licence;
(e)
(e) the geographic coordinates of the area surveyed;
(f)
(f) for seismic surveys—
(i) the device used to generate the energy used in the survey;
(ii) the depth below sea level at which the device was located;
(iii) the intervals between activating the device during the survey;
(iv) the intervals between measurements taken during the survey;
(v) the duration of the recording of the seismic trace;
(vi) the length of the streamer cables towed by a seismic vessel;
(vii) where there were multiple streamer cables towed by a seismic vessel, the lateral separation between them.
(2) Where this regulation applies, the OGA (or a subsequent holder11) may publish the information after the date on which the geological survey finishes.
Information relating to geological surveys carried out by or on behalf of the holder of a production licence
6.—(1) Subject to paragraph (2), this regulation applies to information relating to a geological survey which is carried out by or on behalf of the holder of a production licence.
(2) This regulation does not apply to information to which any of regulations 5, 8 or 9 applies.
(3) Where this regulation applies, the OGA (or a subsequent holder) may publish the information after the earlier of—
(a)
(a) the period of five years beginning with the date on which processing relating to the survey referred to in paragraph (1) is complete; or
(b)
(b) the date of the determination of the production licence in respect of the area to which the geological survey relates.
Information relating to geological surveys carried out other than by or on behalf of the holder of a production licence
7.—(1) Subject to paragraph (2), this regulation applies to information relating to a geological survey which is carried out—
(a)
(a) by or on behalf of the holder of an exploration licence, and
(b)
(b) other than on behalf of the holder of a production licence.
(2) This regulation does not apply to information to which any of regulations 5, 8 or 9 applies.
(3) Where this regulation applies, the OGA (or a subsequent holder) may publish the information—
(a)
(a) where the information is processed information, after the period of ten years beginning with the date on which processing relating to the survey referred to in paragraph (1) is complete;
(b)
(b) where the information is original information, after the period of fifteen years beginning with the date on which processing relating to the survey referred to in paragraph (1) is complete.
(4) In this regulation—
“exploration licence” means an offshore licence which confers on the holder of that licence the right to search for petroleum;
“original information” means—
(a) data acquired or created in the course of a geological survey;
(b) information relating to the acquisition or creation of that data;
(c) information other than seismic velocity values which was used in processing arising from a seismic survey;
“processed information” means—
(a) the final 2D, 3D or 4D image generated by processing and—
(i) includes any data embedded in the image, but
(ii) does not include a computerised model;
(b) information which relates to the methodology for processing and which is...
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