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 2009147EC the codified version of the Birds Directive and Council Directive 9243EEC 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 and the potential to issue wild birds licences providing certain licensing tests are met. Part 3 of the Conservation of Offshore Marine Habitats Species Regulations 2017, and in particular regulation 40, gives protection to wild birds, their eggs and nests in UK offshore waters. This means that certain activities may be restricted or prohibited at specific times of the year and will depend on the species of wild bird that may be present andor in the geographical area. OPRED therefore strongly advise that industry consider whether the presence of wild birds may affect their proposed activities, including decommissioning and plug and abandonment activities for example, rig mobilisation. In some cases, there may be potential to make an application for a wild birds licence under regulation 55 providing certain licensing tests are met. All environmental applications made to the Department, including Environmental Appraisals and Environmental Assessment Justifications, should include baseline information on relevant bird species and populations and details of protected sites, as appropriate and assess the effects of the proposed activities, accordingly. The Department is working on advice and information on the protection of wild birds, their eggs and nests in UK offshore waters for industry and this will be published in due course. In the meantime, the Department is working closely with industry on specific cases. Please contact the appropriate OPRED Environmental Manager who will assist with any queries. Casework to date has indicated that black-legged kittiwakes are the predominant bird species exploiting nesting opportunities on offshore installations typically those in lighthouse mode prior to dismantlement. It is also recognised that gathering nesting bird data for offshore installations is challenging. As a first step OPRED asked the Joint Nature Conservation Committee JNCC to provide an advice note on kittiwake survey methods for offshore installations and this is now available in the guidance section below with the associated recording forms available as a separate Word document. It should be noted that this advice note is JNCC advice at this time March 2021. It is recognised that the survey methods need full testing offshore and where necessary updates will be considered based on feedback provided. Industry should consider their specific circumstances and discuss potential survey plans as they are being developed with the appropriate OPRED Environmental Manager, particularly if there are any proposed changes from the JNCC advised kittiwake survey methods or if survey methods for other bird species are being considered. JNCC have also provided OPRED with a signposting document containing information and resources for black-legged kittiwakes that should be used by industry in the relevant environmental applications. The inclusion of other, more recent evidence is also encouraged in applications. The kittiwake signposting document is available in the guidance section below. Regulations
Guidance
Other Useful Information
Applications and determinations
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 OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager
Control of Mercury Enforcement Regulations 2017
EU Regulation 2017852 was adopted by Member States on 17 May 2017 to enable ratification of the United Nations Minamata Convention on Mercury. As an EU Regulation its provisions are directly applicable in UK law by The Control of Mercury Enforcement Regulations 2017 and apply as appropriate to all offshore installations that carry out activities such as oil and gas production, and gas and carbon dioxide unloadingstorage. It is important to note that OPRED is not the competent authority for these Regulations for offshore oil and gas installations however OPRED may provide assistance to the competent authorities Environment Agency and Scottish Environment Protection Agency. This assistance will include seeking information from installation operators relating to mercury waste generated on offshore installations and, if requested by the competent authorities, inspect offshore installations to investigate any alleged contraventions of the Regulations. The information available on this website only provides guidance on the provisions of the Regulations where OPRED provides assistance to competent authorities specific to the offshore oil and gas industry. Readers should consult the relevant competent authorities SEPA and EA websites for additional information such as the competent authorities approach to enforcement and offences. Regulations
Guidance
Other Useful Information
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 OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager. The Order
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
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 Departments response are attached below. 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 OPREDenergysecurity.gov.uk 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. 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. 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 Departments 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
Information relating to application types is contained in the following document
Reporting
A PON10 is used to report a non-compliance with the conditions of a Consent to Locate or any other breach of the applicable Energy Act Part 4A Regulations. You must submit a PON10
The PON10 must be submitted via IRS in accordance with the IRS Guidance document which can be found here. Where access to IRS is unavailable the PON10 form, available below, must be sent to OPRED and the UK Hydrographic Office. Reports should also be copied to the Maritime and Coastguard Agency MCA, Kingfisher at Seafish and the relevant General Lighthouse Authority and fishermens representative body.
For further information please contact the Business Support Team by e-mail at OPREDenergysecurity.gov.uk 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 201227EU. 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
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 Agencys guidance. Reporting Requirements
The online notification system will be available for scheme participants to notify completion of the required audit. It is the scheme participants 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 OPREDenergysecurity.gov.uk 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 200142EC.
Although the Directive was not incorporated into UK law until 2004, SEAs have been carried out since 1999 in accordance with its requirements. Fluorinated Greenhouse Gases Regulations 2015
The F Gas Regulations aim to protect the environment by reducing emissions of F-Gases i.e. hydrofluorocarbons HFCs, perfluorocarbons PFCs and sulphur hexafluoride SF6 from refrigeration, air conditioning units, high voltage switchgear, heat pumps and fire-protection systems, through the establishment of rules on, amongst other things, the containment, use, recovery and destruction of F-Gases. Some of the various implementing acts which were established pursuant to the F-Gases Regulation EC No. 8422006 have subsequently been replaced by new delegated or implementing acts adopted by the Commission in accordance with Regulation EU No. 5172014. Any implementing acts which have not been replaced will remain in force and continue to apply unless and until repealed by new delegated or implementing acts adopted by the Commission pursuant to Regulation EU No. 5172014. The Fluorinated Greenhouse Gases Regulations 2015 SI 2015 310 as amended by the Fluorinated Greenhouse Gases Amendment Regulations 2018 SI 2018 98 and The Fluorinated Greenhouse Gases Regulations Northern Ireland 2015 SI 2015 425 as amended by the Fluorinated Greenhouse Gases Amendment Regulations Northern Ireland 2018 SI 2018 206 came into force in 2018. Defra has also published detailed guidance which can be accessed below. Regulations
Guidance
Reporting
You should submit an F-Gas NCN via IRS, in accordance with the IRS Guidance document which can be found here to report any potential, or actual instances of, non-compliance with the obligations of the F-Gas regulatory regime. You must submit a notification within 2 working days of the non-compliance being identified. Where access to IRS is unavailable the Reporting form for the EU F-Gases form, available above, must be sent to OPRED. 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
Regulations
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
For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager. Greenhouse Gas Emissions Trading Scheme ETS
UK Emissions Trading Scheme UK ETS
On 1 January 2021 the UK Emissions Trading Scheme UK ETS replaced the UKs participation in the European Union Emissions Trading Scheme. It was established under the Climate Change Act 2008 by The Greenhouse Gas Emissions Trading Scheme Order 2020 as amended, The Order. The UK ETS Authority the UK Government and devolved Governments established the scheme to increase the climate ambition of the UKs carbon pricing policy and provide continuity of emissions trading for UK businesses. Many of the features and processes in the new UK ETS scheme will be familiar to operators previously regulated under the EU scheme. How to comply with UK ETS offshore
OPRED is in the process of drafting specific guidance for the oil, gas, carbon capture and storage and gas storage sector, which will be added to this page as developed. In the meantime, operators can access the UK Emissions Trading Scheme for installations how to comply guidance, prepared by UK regulators from the link below, however, note that this does not reflect some aspects for offshore operations. UK ETS how to comply guidance
UK ETS Authority guidance
For an overview of the UK Emissions Trading Scheme, who it applies to, and how it works, please see the following link at
Participating in the UK ETS
FAQs FA applicants PDF, 235 KB, 7 pages
FAQs HSEs PDF, 219 KB, 7 pages
Offshore specific guidance
Implementing Upstream Greenhouse Gas Removals -
CO2 Venting Guidence PDF, 423 KB, 20 pages
OPRED Unreasonable costs tool MS Excel Spreadsheet, 75.6 KB
Other relevant guidance will be added when published in due course. Non-compliance
The EU ETS and the UK ETS requires regulators to put in place a system of penalties which is effective, proportionate and dissuasive but the nature of the penalties is left to OPRED, except for the penalty for failure to surrender sufficient allowances in certain circumstances. The Greenhouse Gas Emissions Trading System Regulations 2012 and the UK ETS Order 2020 as amended sets out the civil penalties to which a person is liable if they do not comply with the emission trading scheme. OPRED has produced the guidance below for the offshore oil and gas industry detailing the Departments approach to enforcement and sanctions as well as the process for appeals which relate to Phase III of the EU ETS. UK ETS Civil Penalties Guidance Document PDF, 244 KB, 17 pages
Oil and Gas Inspection strategy and enforcement activity - GOV.UK
EU Emissions Trading System Appeals Guidance PDF, 425 KB, 19 pages
Charging Scheme
Please see the oil and gas fees and charges guidance and regulations. To receive communications relating to the regulation of environmental and decommissioning activity for UK offshore oil and gas operations, please sign up to our Oil and gas OPRED communications page here.
If you have any comments or queries, please contact the Business Support Team at OPREDenergysecurity.gov.uk or your assigned Environmental Manager. 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
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
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 arent 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
Guidance
Applications and determinations
Reporting requirements
Project Reports
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 Scotlands National Marine Plan will also be supplemented by eleven regional plans.
Guidance
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
For further information in relation to both marine licensing and marine planning please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or contact your assigned Environmental Manager. Marine Strategy Regulations 2010
Directive 200856EC 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 Europes 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 MSFDs 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 200856EC 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
Regulations
Guidance
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 UKs 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. For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk 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 Departments Guidance Notes for Preparing Oil Pollution Emergency Plans.
Regulations
Guidance
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 OPREDenergysecurity.gov.ukmailtoOPREDenergysecurity.gov.uk
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 20002 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 20051 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
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 regulations require offshore operators to apply for permits for the use andor 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
Regulations
Guidance
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 OPREDenergysecurity.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 andor 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
You should submit an OCR NCN via IRS in accordance with the IRS Guidance document which can be found here to report any non-compliance with Permit Conditions, any chemical discharge made without an approved Permit being in place or any other breach of the applicable OCR. You must submit an OCR NCN within 2 working days of the non-compliance being identified. Where access to IRS is unavailable the OCR non-compliance notification form, available below, must be sent to OPRED.
For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager. Offshore Combustion Installations Pollution Prevention and Control Regulations 2013 as amended
The Offshore PPC Regulations 2013 are amended by the Offshore Combustion Installations Pollution Prevention and Control Amendment Regulations 2018. These regulations transpose the relevant provisions of the Industrial Emissions Directive 201075EU 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. The Offshore Combustion Installations Pollution Prevention and Control Amendment Regulations 2018 came in to force on 18 July 2018. The purpose of this regulation is to transpose Chapter III of Directive 201075EU on the limitation of certain pollutant emissions into the air from large combustion plant and to transpose Directive 20152193EU Medium Combustion Plant Directive MCPD on the limitation of certain pollutant emissions into the air from medium combustion plant. The instrument widens the scope of the 2013 Regulations to require permits for both large and medium combustion plant to regulate emissions and protect air quality. 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. The explanatory memorandum to the Offshore PPC Amendment Regulations 2018 fully describes the amendments to the 2013 regulations. Regulations
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
Offshore PPC Guidance
The following Offshore Pollution Prevention and Control PPC Guidance is directed at any operator of a relevant platform who may be involved in offshore hydrocarbon oil and gas production, gas unloading and storage operations or Carbon Dioxide CO2 storage and unloading operations who have qualifying combustion plant regulated under the Offshore Combustion Installations Pollution Prevention and Control Regulations 2013 as amended
Offshore Emissions Monitoring
The following Offshore Emissions Monitoring guidance is to be used for compliance purposes for 2022 and for each calendar year going forwards. For Medium and Large Combustion Plant the guidance should be read in conjunction with the monitoring plan template. The following Monitoring plan template is to be used for emissions monitoring of Medium and Large Combustion Plant.
A reminder that the Department expects monitoring plans to be submitted by 30 September 2022, with annual emissions monitoring of qualifying LCPs to be undertaken before the end of 2022. CBA Tool Supplementary Guidance for the Large Combustion Plant LCP Derogation
Where an Offshore Combustion Installation PPC permit holder, with Open Cycle Gas Turbine classed as LCP, needs to make a request for derogation from the BAT-AELs, this process must involve an assessment to demonstrate the disproportionality of the costs and benefits of complying with the BAT-AEL. This requires that a cost benefit analysis CBA is the basis of the quantitative assessment and must be used in requests for derogation. We advise that the CBA tool developed by The Department for Environment, Food Rural Affairs DEFRA and the Environment Agency EA should be used Industrial Emissions Directive derogation cost-benefit analysis tool
The purpose of this guidance is to supplement the IED derogation CBA tool user guide published by the Environment Agency and should be used in conjunction with that guidance. Updated to refer to 2020 damage costs
Project reports
Applications
Details of current and previous applications can be found on the Oil and gas environmental submissions and determinations page. Reporting requirements
You should submit a PPC NCN via IRS in accordance with the IRS Guidance document which can be found here to report any non-compliance with Permit Conditions, any emission of a relevant polluting substance made without an approved Permit being in place or any other breach of the applicable PPC Regulations. You must submit an PPC NCN within 2 working days of the non-compliance being identified. Where access to IRS is unavailable the Reporting form for any PPC non-compliance notification form, available from the Environmental alerts and incident reporting webpage, must be downloaded, completed, and sent to OPRED. For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager. Environmental Inspection Plans 2014 onwards
PPC Inspection Letters Issued
Please email OPREDenergysecurity.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
The Secretary of States 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
Offshore Oil and Gas Exploration, Production, Unloading and Storage Environmental Impact Assessment Regulations 2020
The Offshore Oil and Gas Exploration, Production, Unloading and Storage Environmental Impact Assessment Regulations 2020 the 2020 EIA Regulations transpose EU Directive 201192EU on the assessment of the effects of certain public and private projects on the environment the EIA Directive, as amended by EU Directive 201452EU. The 2020 EIA Regulations applies to activities related to proposed offshore oil and gas exploration and production, gas unloading and storage, and storage of carbon dioxide offshore projects. The 2020 EIA Regulations makes provision for the Secretary of States consideration of the environmental impacts of proposed offshore projects when deciding whether to agree to the grant of consent for such projects.
The 2020 EIA Regulations replaces the Offshore Petroleum Production and Pipelines Assessment of Environmental Effects Regulations 1999 as amended the 1999 EIA Regulations, except that the 1999 Regulations will continue to apply for some limited transitional provisions. The 1999 EIA Regulations have not been revoked as they were amended by the Pipelines, Petroleum, Electricity Works and Oil Stocking Miscellaneous Amendments EU Exit Regulations 2018 S.I. 20181325 the 2018 EU Exit Regulations which came into effect at the end of the Transition Period. The 2018 EU Exit Regulations correct deficiencies arising from the withdrawal of the UK from the EU and will amend the 1999 EIA Regulations in so far as they continue to apply for transitional purposes. Regulations
Guidance
OPRED are currently working on updating the existing guidance, which will be published in due course. Should you have any questions, please contact OPREDenergysecurity.gov.uk or your assigned Environmental Manager. Supplementary guidance for assessing the effects of downstream scope 3 emissions on climate from offshore oil and gas projects
This supplementary guidance has been published following the public consultation between October 2024 and January 2025. Applications and determinations
There is no longer a requirement to submit hard copies of an Environmental Statement ES to the Department and an electronic copy of the ES and summary of the project can be submitted to the Business Support Team BST by email to OPREDenergysecurity.gov.uk. However, a developer is required to provide a hard copy of the ES and the summary of the project if a request is made during the public notice period regulation 114. Applications for Screening 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 OPREDenergysecurity.gov.uk if they require further information about PETS. Interested parties can view EIA documentation and decisions, and screening directions given under the 2020 EIA Regulations at Oil and gas environmental submissions and determinations. The following Schedule 3 notification template must be used when requesting the Department consider whether a Schedule 3 project is likely to have significant effects on the environment. The completed form should be emailed to OPREDenergysecurity.gov.uk
Schedule 3 Notification Template MS Word Document, 57.1 KB
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 Schedule 3 projects should be made using this
Form MS Excel Spreadsheet, 28.5 KB, and should be submitted by email to OPREDenergysecurity.gov.uk.
Environmentally sensitive areas
Project reports
For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or please contact your assigned Environmental Manager. Offshore Petroleum Activities Conservation of Habitats Regulations 2001 as amended
Council Directive 79409EEC 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 9243EEC 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 2009147EC, a codified version of the original directive. Together, the Birds and Habitats Directives provide a strong legislative framework to protect the EUs 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 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 sites conservation objectives. The Department is therefore required to undertake a likely significant effects assessment, or screening exercise, andor a more in-depth, appropriate assessment, and this can significantly delay the determination of a submission. Regulations
Guidance
SNCB Noise Guidance
The Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise Special Areas of Conservation SAC has now been published. The Harbour Porpoise Noise Guidance and associated documents are the culmination of years of interagency work and stakeholder discussion on an approach to noise management in harbour porpoise SACs in England, Wales and Northern Ireland. The Offshore Petroleum Regulator for Environment and Decommissioning OPRED consulted relevant Stakeholders on the guidance earlier this year. OPRED and all three agencies, the Joint Nature Conservation Committee, Natural England and Department of Agriculture, Environment and Rural Affairs are grateful for the comments received during the consultation. Alongside the Harbour Porpoise Noise Guidance, background to the advice on noise management within harbour porpoise SACs and the Statutory Nature Conservation Bodies SNCBs response to consultation comments has also been published. Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs
Background to the advice on noise management within harbour porpoise SACs PDF, 229 KB, 6 pages
Background to the advice on noise management within harbour porpoise SACs
Final Consultation Report June 2020 PDF, 748 KB, 88 pages
Consultation Report Harbour porpoise SACs noise guidance
SNS Activity Tracker MS Excel Spreadsheet, 39.8 KB
OPRED are closely engaging with the SNCBs, the relevant Southern North Sea SNS Regulators and Defra officials on implementation of the guidance. OPRED believe that it is appropriate for this guidance to apply to specific activities, namely piling and unexploded ordinance detonation. For proposed geological survey activities which may impact the SNS SAC area, it is advised that operators contact OPRED at the earliest opportunity. Proposed survey activities planning to use seismic operations will most likely be subject to an Appropriate Assessment AA and will be required to assess the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs as part of the application process. It will also provide transparency of information to aid other regulators in their consideration of activities. Further guidance will be provided to applicants regarding the information required to inform an Appropriate Assessment. Where industry has activity planned e.g. seismic, piling, use of explosives etc. with the potential to impact the SNS SAC for harbour porpoise or any of the harbour porpoise SAC sites, OPRED advice is to contact the appropriate OPRED Environmental Manager who will assist with any queries. With respect to the SNS SAC, the summer season is our primary concern, and it is important that OPRED be notified of activities at the earliest opportunity, even those that are speculative in which applications have not yet been submitted. SAC Noise Management Regulators Working Group formerly the SNS Regulators Working Group Since February 2019, OPRED, along with the relevant SNS Regulators and the SNCBs have, and continue to work together on the implications of the guidance. The primary consideration is cumulative impact, and the thresholds set out in the guidance. To aid understanding of potential cumulative impacts of operations, the working group has developed an activity tracker which provides information on current and future operations in the SNS SAC area. The tracker provides information on applications that have been submitted for activities in the area and shall be published and updated as necessary. This is to provide clear evidence of activities showing potential overlap and informing cumulative impact assessments. Further to this, the work of the group has evolved since its establishment and updated terms of reference can be found below. Mitigating significant cumulative impacts has only been possible through effective engagement with OPRED, other Regulators and the offshore industry. It is anticipated that the publication of this tracker will strengthen the cumulative impact assessment process. To facilitate this it is important to understand in detail the timeframe of operations, and how they overlap with other potential activities, and for this reason, it is important to engage with the relevant regulatory authority.
For oil and gas activities, operators should approach their OPRED Environmental Manager. Other Useful Information
Applications and determinations
Project Title Developer Year Submitted Conservation Area Document
Seismic survey programme Caithness Petroleum April 2011 Moray Firth, Dornoch Firth, Morrich More SAC others Caithness Petroleum, Seismic Survey ProgrammePDF,8.63 MB,74 pages
South-west Inshore 2D Seismic Survey Western Geco Ltd August 2016 Cardigan Bay SAC, Pen Llŷn ar Sarnau SAC others WesternGeco 2D seismic InshorePDF,16.6 MB,93 pages
South-west Offshore 2D Seismic Survey Western Geco Ltd August 2016 Cardigan Bay SAC, Pen Llŷn ar Sarnau SAC, West Wales Marine pSAC others WesternGeco 2D seismic OffshorePDF,16.2 MB,82 pages
Great Tolmount 3D Seismic Survey Polarcus October 2017 Southern North Sea SAC, Humber Estuary SAC Polarcus Seismic Ltd Tolmount GS_579PDF,14.1 MB,48 pages
Colter 98-11 Appraisal Well Corallian Energy Ltd July 2018 Solent and Dorset Coast pSPA, River Avon SAC, River Itchen SAC Corallian Energy Limited, Colter Appraisal Well 9811-EPDF,565 KB,24 pages
Viking and LOGGS Phase 1 decommissioning Conoco Phillips UK Ltd January 2019 North Norfolk Sandbanks and Saturn Reef SAC ConocoPhillips U.K.
Limited, Viking and LOGGS Phase 1PDF,11.7 MB,89 pages
Dogger Bank SAC Oil and Gas Decommissioning April 2019 Dogger Bank SAC Dogger Bank SAC Oil and Gas Decommissioning StrategicPDF,7.69 MB,74 pages
Spectrum Seismic Survey Spectrum GEO Limited April 2019 Southern North Sea SAC, The Humber Estuary SAC others Spectrum GEO Limited, 3D Seismic SurveyPDF,14.9 MB,87 pages
Tolmount Pile-driving Premier Oil June 2020 Southern North Sea SAC Premier Oil - Tolmount Pile-drivingPDF,2.99 MB,68 pages
Endurance Field Integrated Site Survey BP Exploration Company Ltd September 2020 Southern North Sea SAC BP - Endurance Field - Integrated Site SurveyPDF,8.95 MB,81 pages
Seabed Clearance Campaign Horne and Wren, Orwell, Cameron Tullow Oil SK Limtied November 2020 Southern North Sea SAC, Dogger Bank SAC Tullow - Seabed Clearance CampaignPDF,6.59 MB,65 pages
ION Southern North Sea Seismic Survey GX Technology ION April 2021 Southern North Sea SAC, The Humber Estuary SAC ION GX Technology SNS Seismis SurveyPDF,11.7 MB,94 pages
Geophysical Regional Deep Imaging Seismic Survey GEOEX June 2021 Southern North Sea SAC, Humber Estuary SAC, Doggerbank SAC others GS_1199 GEOEX Seismic SurveyPDF,19 MB,103 pages
A Fields and Ensign Decommissioning Spirit Energy North Sea Limited July 2021 Southern North Sea SAC, North Norfolk Sandbanks Saturn Reef SAC Spirit Energy A Fields and Ensign DecommissioningPDF,16.9 MB,123 pages
Greater NEP 3D Towed-streamer BP Exploration Company Ltd May 2022 Southern North Sea SAC BP Greater NEP 3D Towed-streamerPDF,8.95 MB,69 pages
Endurance Field Bunter Outcrop Survey BP Exploration Company Ltd March 2023 Southern North Sea SAC BP Endurance Survey Bunter OutcropPDF,2.39 MB,57 pages
Crosgan Appraisal Well 4215a One-Dyas March 2023 Southern North Sea SAC One Dyas Crosgan Appraisal wellPDF,1.03 MB,58 pages
Somerville and Anning Marine Survey Hartshead Resources Ltd April 2023 Southern North Sea SAC, North Norfolk Sandbanks Saturn Reef SAC Somerville and Anning Marine SurveyPDF,1.67 MB,65 pages
Lodestone Seismic Survey CGG Services UK Ltd May 2023 Southern North Sea SAC, Humber Estuary SAC others Lodestone Seismic SurveyPDF,6.69 MB,81 pages
Hewett Seismic Survey ENI UK Ltd May 2023 Southern North Sea SAC, North Norfolk Sandbanks Saturn Reef SAC, HHW SAC Eni Hewett Seismic SurveyPDF,1.12 MB,69 pages
Liverpool Bay Partial Decommissioning Plan ENI UK Ltd February 2024 Liverpool Bay SPA Liverpool Bay Partial Decommissioning PlanPDF,1.24 MB,37 pages
BC41 Seismic Survey BP Exploration Company Ltd April 2024 Southern North Sea SAC BP - BC41 SurveyPDF,1.97 MB,58 pages
NEP CO2 Storage Development Net Zero North Sea Storage Ltd September 2024 Southern North Sea SAC Net Zero North Sea Storage LtdPDF,962 KB,84 pages
Cygnus wells 4412a-AAF, 4412a- AJ, 4412a and 4412a Ithaca NE EP Limited September 2024 Southern North Sea SAC, Dogger Bank SAC Ithaca NE EP Limited Cygnus wellsPDF,567 KB,18 pages
HyNet Carbon Dioxide Transportation and Storage Project Liverpool Bay CCS Limited February 2025 River Dee and Bala Lake SAC Hynet - Liverpool Bay CCSPDF,2.16 MB,99 pages
NEP Phase 1 Seismic Survey BP Exploration Company Ltd February 2025 Southern North Sea SAC BP Endurance Field Phase 1 Seismic SurveyPDF,2.53 MB,58 pages
NEP EPCI 2 Sub Bottom Profiler BP Exploration Company Ltd March 2025 Southern North Sea SAC BP Endurance Field EPCI 2PDF,2.18 MB,57 pages
Pegasus West Geological Survey INEOS UK SNS Ltd March 2025 Southern North Sea SAC others Pegasus West Geological SurveyPDF,597 KB,20 pages
Hewett CCS Appraisal Well ENI UK Limited April 2025 Haisborough Hammond and Winterton SAC Hewett CCS Appraisal WellPDF,597 KB,31 pages
NEP EPCI 3 Sub Bottom Profiler BP Exploration Company Ltd April 2025 Southern North Sea SAC BP Endurance Field EPCI 3 SBPPDF,1.98 MB,57 pages
Leman Golf Rig Site Preparation and Scour Protection Shell U.K. Limited April 2025 Southern North Sea SAC others Leman Golf Rig Site PreparationPDF,833 KB,29 pages
Calder, Dalton and Millom Decommissioning Harbour Energy May 2025 Morecambe bay SAC others Calder, Dalton and Millom DecommissioningPDF,13.9 MB,54 pages
NEP Expansion Stores Seismic Survey BP Exploration Company Ltd July 2025 Southern North Sea SAC NEP Expansion Stores Seismic SurveyPDF,2.28 MB,54 pages
NEP EPCI 1 Geophysical and Geotechnical Survey BP Exploration Company Ltd July 2025 Southern North Sea SAC NEP EPCI 1 Geophysical and Geotechnical SurveyPDF,2.12 MB,57 pages
Reporting requirements
Project reports
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
Annex II Underwater Noise Propogation Modelling and Estimate of Impact Zones for Seismic Operations in the Moray Firth PDF, 1.28 MB, 62 pages
2D Seismic Survey in the Moray Firth Review of Noise Impact Studies and Re-assessment of Acoustic Impacts PDF, 993 KB, 57 pages
Caithness Petroleum, Seismic Survey Programme, Braemore, Forse, Berriedale and Helmsdale Prospects and Burrigill Site Survey MMO Report and Record Spreadsheet PDF, 4.38 MB, 105 pages
Caithness Petroleum, Seismic Survey Programme PDF, 8.63 MB, 74 pages
Subcoustech RD Project - Effects of noise on the marine environment MS PowerPoint Presentation, 5.76 MB
PA Resources, 2D Seismic Survey Blocks 174b, 173, 1128, 1129 MMO Record Spreadsheet MS Excel Spreadsheet, 2.1 MB
EU REACH Registration, Evaluation, Authorisation and Restrictions of Chemicals Regulations 19072006 PDF, 1.37 MB, 278 pages
PA Resources, 2D Seismic Survey Blocks 174b, 173, 1128, 1129 Marine Mammal Observations and Passive Acoustic Monitoring Report PDF, 8.49 MB, 91 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 570223-232
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 10.11112041-210X.12538
Thompson, P.M., Brookes, K.L.
J. Acoust. Soc. Am., 134 2523-2533
A full list of the publications of the University of Aberdeens Cromarty Lighthouse Field Station is available using this link
For further information please contact the Business Support Team by e mail at OPREDenergysecurity.gov.uk 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 20011 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 20002 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. 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
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
Regulations
Guidance
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 OPREDenergysecurity.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
You should submit a OPPC NCN via IRS in accordance with the IRS Guidance document which can be found here to report any non-compliance with Permit or Standard Industry Conditions, any oil discharge made without an approved Permit being in place or any other breach of the applicable OPPC Regulations. You must submit an OPPC NCN
If the non-compliance is ongoing you must update the OPPC NCN every 24 hours, or as directed by an OPRED inspector. Where access to IRS is unavailable the Reporting form for the OPPC non-compliance notification form, available below, must be sent to OPRED. For further information please contact the Business Support Team by email at OPREDenergysecurity.gov.uk or please contact your assigned Environmental Inspector
Offshore Petroleum Licensing Offshore Safety Directive Regulations 2015
The Offshore Petroleum Licensing Offshore Safety Directive Regulations 2015 the OPL Regulations 2015 transpose the relevant provisions of Directive 201330EU the Offshore Safety Directive in regard to the grant and transfer of offshore licences the appointment of operators by offshore licensees and their capacity to undertake operations and obligations on the offshore licensee including financial liability provisions. The financial liability provisions included within the OPL Regulations 2015 replace the systems and processes OPRED put in place following the Gulf of Mexico incident in 2010. Licensees are required to provide relevant information to the Competent Authority Offshore Safety Directive Regulator on request relating to financial provisions in place to cover liabilities which potentially derive from offshore petroleum operations carried out by operators appointed by the licensees. The guidelines on how the minimum level of liability provision is determined and how relevant information is to be provided to OPRED who acts on behalf of the Competent Authority for this matter is detailed within Oil Gas UK Financial Liability Provision Guidelines for Offshore Petroleum Operations. The guidance aims to assist licensees in fulfilling their obligations under the OPL Regulations 2015, in making adequate financial provision to cover liabilities potentially deriving from offshore petroleum operations carried out on their behalf by operators. These guidelines have been agreed with OPRED, and confirm that a declaration of liability provision is required to cover platform production development wells, remote production development wells, offshore installations including FSUs, FSOs and FPSOs and decommissioning operations and that a demonstration of liability provision is required for the drilling of exploration, appraisal, remote subsea development and pre-drilled platform development wells, and for the re-entry of abandoned Phase 1 and Phase 2 exploration or appraisal wells. Declarations or demonstrations of financial liability provisions must be made in accordance with these Guidelines.
Regulations
Guidance
Other Useful Information
The Oil and Gas Authority Licensing Authority is responsible for the grant and transfer of offshore licences under the OPL Regulations 2015 and for the appointment of operators by offshore licensees. Information regarding the grant and transfer of offshore licences and the appointment of operators by offshore licensees can be found at the OGA website
httpswww.ogauthority.co.uklicensing-consentsoverview
httpswww.ogauthority.co.uklicensing-consentslicensing-systemoffshore-safety-directive
Ozone-Depleting Substances Regulations 2015
The Ozone-Depleting Substances Regulations 2015 has applied since 1 January 2010 and recastsrepeals ODS Regulation EC No. 20372000 - prohibits and controls the production and use of ozone depleting substances thereby reducing atmospheric emissions of these substances in line with the Montreal Protocol an international agreement to combat the threat of damage posed to the ozone layer by ozone depleting substances. In particular, the EU ODS Regulation concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps. In September 2010, Commission Regulation EU No.7442010 which replaces Annex VI to the EU ODS Regulation entered into force. Regulation EU No. 7442010 sets out the permitted critical uses of halons as well as the timeframes for their phasing out. Under the revised Annex VI, for oil, gas and petro-chemical facilities the critical use exemptions for halons applied to new fire-protection systems FPS until 31 December 2010 and will apply to FPS that existed prior to 31 December 2010 until 31 December 2020. With regards to offshore installations, the exemption in respect to existing FPS relates to all occupied and unoccupied spaces where flammable liquid or gas could be released. On 7 March 2015, the 2015 ODS Regulations entered into force. The 2015 ODS Regulations prescribe the offences and penalties for non-compliance with the regulatory requirements. The 2015 ODS Regulations cover offshore installations involved in oil and gas, carbon capture and storage and gas unloading and storage activities. OPRED has produced a guidance document for the offshore oil and gas industry on the obligations of the EU ODS Regulations. Regulations
Guidance
The reporting forms are accessible below
Reporting
You should submit an ODS NCN via IRS in accordance with the IRS Guidance document which can be found here to report any potential, or actual instances of, non-compliance with the obligations of the ODS regulatory regime. You must submit a notification within 2 working days of the non-compliance being identified. Where access to IRS is unavailable the Annex C - Reporting Form for UnintentionalAccidental Releases of Controlled Substances form, available above, must be sent to OPRED. REACH Enforcement Regulations 2008
The EU REACH Registration, Evaluation, Authorisation and restrictions of Chemicals Regulation 19072006, which entered into force on 1 June 2007, required the registration of chemical substances by specified deadlines in 2010, 2013 and 2018 based on tonnage levels and the propertiestoxicity of certain substances i.e. PBTs, vPvBs and CMRs. Management of the REACH system at EU level is handled by the European Chemicals Agency ECHA. The REACH Enforcement Regulations 2008 enforce the provisions of the EU REACH Regulation. The UK regulations apply to the following offshore installations within the UK territorial sea and UKCS
OPRED regulates the usedischarge of chemicals under the Offshore Chemicals Regulations OCR 2002, which were amended by the Offshore Chemical Amendment Regulations 2011 to cover all operational discharges and non-operational releases of offshore chemicals. The Energy Act 2008 Consequential Modifications Offshore Environmental Protection Order 2010 applies the requirements of the UK REACH Enforcement Regulations and OCR to offshore installations involved in Carbon Capture and Storage CCS and gas unloadingstorage activities. From an offshore environmental protection perspective, the OSPAR Hazardous Material Control System HMCS and REACH requirements run in parallel, with the HMCS approach to controlling offshore chemicals appropriately harmonised with the provisions of the EU Regulation. Accordingly, the UK REACH Enforcement Regulations contain certain provisions from the OCR, so effectively the OCR and hence HMCS are the mechanism for supporting the application of environmental protection elements of REACH to offshore installations. The Health and Safety Executive HSE is the UK Competent Authority for REACH. It works closely with the Department for Food and Rural Affairs Defra and other government departments, including OPREDBEIS, and agencies on policy and enforcement. To ensure a consistent regime, offshore enforcement of REACH is the responsibility of the bodies familiar with enforcement requirements in similar circumstances. HSE and OPRED enforce offshore healthsafety and environmental protection using their respective onshore administrative procedures and offshore inspectors to check compliance. In this regard, OPRED sits on the UK REACH Enforcement Liaison Group to ensure a proportionate and consistent method of enforcement is adopted through an agreed Memorandum of Understanding. Note OPREDs regulatory regime for offshore chemicals does not extend to Scottish-controlled waters. Within this area, REACH is enforced by Marine Scotland on behalf of the Scottish Government. Regulations
Guidance
Queries on the applications of REACH should, in the first instance, be directed to the HSE helpdesk at UKREACHhse.gsi.gov.uk. However, queries on OPREDs offshore enforcement role can be sent to OPREDenergysecurity.gov.uk. Other Useful Information
Oil and Gas fees and charges
For information about fees and charges, please click here