The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
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Whereas the Secretary of State has consulted the persons required to be consulted by section 2(4) of the Pollution Prevention and Control Act 1999[1]; And whereas a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 2(8) and (9) of that Act; Now, therefore, the Secretary of State in exercise of the powers conferred on her by sections 2 and 7(9) of that Act hereby makes the following Regulations:— Citation and commencement 1. These Regulations may be cited as the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 and shall come into force on the thirtieth day after the day on which they are made. Interpretation 2. In these Regulations—
(b) includes places below relevant waters;
Discharge permits
(b) the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996[7]; or (c) the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998[8]. (3) Where a person is carrying on a
discharge of oil to which an existing exemption applies paragraph (1)
shall not apply in respect of that discharge until—
(b) (if no notice is given by the Secretary of State in accordance which sub-paragraph (a)) the date after the day on which the period of two years commencing on the date these Regulations come into force expires. (4) A person who discharges oil into
relevant waters shall provide the Secretary of State with such
information as the Secretary of State may reasonably require for the
purpose of performing her functions under these
Regulations.
(b) appropriate measures are taken to minimise pollution including, in particular, the appropriate use of technology to limit discharges; (c) necessary measures are taken to prevent accidents affecting the environment or, where they occur, to limit their consequences in relation to the environment; (d) there is carried out appropriate monitoring of the discharges to which the permit relates, and such conditions may include—
(ii) obligations to supply the Secretary of State with data required for checking compliance with the permit, including any data setting out the actual concentration, frequency, quantity, location or duration of any discharges which have occurred during a specified period. (3) A permit shall specify the period for
which it is to have effect.
(b) a description of the oil to which the application relates and of the circumstances in which it is to be discharged; and (c) a description of the measures planned to monitor the discharge in relation to which a permit is sought. (2) For the purpose of considering an
application under this regulation, the Secretary of State may by
notice in writing require the operator to provide such other
information as may be specified in the
notice.
(b) the variation of a permit or of the conditions to which it is subject; (c) the assignment of a permit; (d) the revocation or surrender of a permit; (e) the subsistence of a permit; (f) the testing or analysis of substances; (g) the validating of, or of the results of, any testing or analysis of substances; and (h) the assessment of the effect upon the environment of the release into it of any oil, but paragraph (1) only applies to the matters referred to in
sub-paragraphs (f) to (h) in cases where the testing, analysis,
validating or assessment is in any way in anticipation of, or
otherwise in connection with, the making of permit applications or is
carried out in pursuance of conditions to which the permit is
subject.
(b) specify the date ("the relevant date") on which the proposed variation is to take effect. (5) Where the Secretary of State proposes
to vary the terms and conditions of a permit otherwise than in
accordance with an application made under paragraph (2)—
(b) the permit holder shall be entitled to make representations in writing as to whether, and if so, how the terms and conditions should be varied; (c) where no representations under sub-paragraph (b) are received prior to the relevant date, the variation shall have effect on that date; and (d) where representations under sub-paragraph (b) are received prior to the relevant date, the Secretary of State shall consider them in determining whether or not to vary the terms and conditions as originally notified pursuant to paragraph (3) and may determine that revised terms and conditions shall come into effect on a date later than the relevant date. (6) Where an application is made under
paragraph (2) and the Secretary of State decides not to vary the terms
and conditions of the permit in question, she shall give notice in
writing of her decision to the permit holder.
(b) any person has been guilty of a breach of any term or condition attached to the permit. (2) A permit holder may surrender his
permit by notice in writing to the Secretary of
State.
(b) one or more emissions trading schemes ("the trading schemes") for the purpose of facilitating the trading of allowances allocated under the allocation plans. (2) The Secretary of State may include in
the rules of the trading schemes—
(b) provision for the amount of any penalty under the trading scheme to be such as may be set out in or calculated in accordance with the scheme. Registry
(b) adjustments of allocations; (c) trades; (d) transfers; (e) withdrawals; and (f) surrenders of allowances.
(b) to monitor any discharge of oil. (2) The inspectors shall report to the
Secretary of State in such manner as she may
direct.
(b) on boarding an offshore installation, take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) and any equipment or materials that he thinks he may require; (c) make such examination or investigation as he considers necessary (including any examination or investigation of the offshore installation or of the maintenance or monitoring of apparatus on the offshore installation); (d) give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c); (e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c); (f) take samples of any articles or substances found on the offshore installation or take samples of the atmosphere, land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation; (g) in the case of any article or substance which he finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary); (h) in the case of any such article or substance as is mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
(ii) to ensure that it is not tampered with before his examination of it is completed; and (iii) to ensure that it is available for use as evidence in any proceedings relating to an offence under these Regulations; (i) require any person whom he has reasonable cause to believe is
able to give any information relevant to any examination or
investigation under sub-paragraph (c)—
(ii) to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person upon whom the requirement is imposed) such questions as the inspector thinks fit to ask; and (iii) to sign a declaration as to the truth of his answers; (j) require the production of, and inspect and take copies
of—
(ii) any records which he considers it necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c); and (k) require any person to afford him such facilities and
assistance with respect to any matters or things within that
person's control or in relation to which that person has
responsibilities as the inspector considers are necessary to enable
him to exercise any of the powers conferred on him by this
regulation. (4) An answer given by a person in
compliance with a requirement imposed under paragraph 3(i) shall be
admissible in evidence in England and Wales or Northern Ireland
against that person in any proceedings or, in Scotland, against that
person in criminal proceedings.
(b) section 5 of the Perjury Act 1911[9] (false statements made otherwise than on oath); (c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995[10] (false statements made otherwise than on oath); or (d) article 10 of the Perjury (Northern Ireland) Order 1979[11] false statutory declarations and other (false unsworn statements). (7) Nothing in this regulation shall be
taken to compel the production by any person of a document of which he
would, on grounds of legal professional privilege, be entitled to
withhold production on a order for disclosure or discovery in an
action in the High Court or in the High Court in Northern Ireland or,
in relation to Scotland, on an order for the production of documents
in an action in the Court of Session.
(b) specifies the matters which constituted, constitute or, as the case may be, are likely to constitute the contravention; (c) specifies the steps that must be taken to remedy or, as the case may be, to prevent the contravention; and (d) specifies the period within which those steps must be taken. (2) Paragraph (1) shall not apply where the
permit condition in question relates exclusively to one or more of the
trading schemes.
(b) shall specify the risk involved in the operation of the offshore installation; (c) shall specify the steps that must be taken to remove it and the period within which they must be taken; and (d) may direct that any permit granted under these Regulations shall, until the notice is withdrawn wholly or in part, cease to have effect and where the direction applies to part only of the operation of the offshore installation, it may impose conditions to be observed in carrying on that part of the operation which is authorised under the relevant permit. (4) The Secretary of State or an inspector
appointed by her under regulation 12 may by notice withdraw a
prohibition notice wholly or in part at any time and shall withdraw a
notice when the Secretary of State is satisfied that the steps
required by the notice have been
taken.
(b) in respect of a decision relating to the discharge of oil in the Scottish area (excluding Scottish controlled waters), the Court of Session; (c) in respect of a decision relating to the discharge of oil in the Northern Irish area, the High Court in Northern Ireland. (4) Where oil is discharged or is to be
discharged in more than one of the areas referred to in paragraph (1)
(excluding Scottish controlled waters), any of the courts having
jurisdiction in the area or areas where oil is discharged or is to be
discharged shall have jurisdiction in relation to the decision in
question.
(b) fails to comply with the terms of an enforcement notice or a prohibition notice; (c) fails to supply any information required to be supplied by virtue of the terms or conditions of any permit granted under these Regulations; (d) fails to supply any information required to be supplied by virtue of regulation 3(4); (e) wilfully obstructs an inspector appointed under regulation 12; (f) without reasonable excuse, fails to comply with a requirement imposed in pursuance of regulation 12(3), or prevents another person from complying with such a requirement; (g) knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement—
(ii) is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed by her pursuant to regulation 12. (2) Where a person is charged with an
offence under paragraph (1)(a), (1)(b),(1)(c) or 1(d), it is a defence
to prove that the contravention or failure—
(b) subject to paragraph (3), was due to something done as a matter of urgency for the purpose of securing the safety of any person. (3) A person does not have the defence
provided by paragraph (2)(b) if the court is satisfied—
(ii) was not a reasonable step to take in the circumstances; or (b) that it was necessary for the purpose mentioned in that
paragraph but the necessity was due to the fault of the
defendant. (4) The discharge of oil into relevant
waters in contravention of any one or more of the terms of or
conditions attached to a permit shall not constitute an offence for
the purpose of this regulation where the term or condition in question
relates exclusively to one or more of the trading
schemes.
(b) by other means but while in electronic form; and
(2) A written document may be sent, given
or issued to the intended recipient by—
(b) leaving it at his proper address; or (c) sending it by post to him at that address. (3) A written document may be sent, given
or issued—
(b) to a firm (including a Scottish partnership) by being sent, given or issued to a partner in the firm or to a person having management or control of the partnership business; (c) to an unincorporated body by being sent, given or issued to a member of its governing body. (4) For the purposes of this regulation and
of section 7 of the Interpretation Act 1978[14] in
its application to this regulation, the proper address (except in a
case falling within paragraph (7) of this regulation) of—
(b) a body corporate is the address of its registered or principal office; (c) a firm (including a Scottish partnership) or unincorporated body is the address of its principal office; (d) any other person is his last known address. (5) Where, by virtue of the above
provisions of this regulation, the proper address of the intended
recipient of a written document is outside the United Kingdom,
references in this regulation to the proper address of—
(b) any other person includes his last known address in the United Kingdom unless he is known no longer to have an address in the United Kingdom). (6) If the person to whom a written
document is to be sent, given or issued has furnished the person by
whom the written document is to be sent, given or issued with an
address pursuant to any provision of these Regulations, that address
shall also be treated for the purpose of this regulation as his proper
address.
(b) after paragraph 4(b) insert—
Amendment of the Offshore Combustion Installations (Prevention
and Control of Pollution) Regulations
2001 1. In regulation 2 (interpretation), omit the definitions of "address" and "electronic communication". 2. For regulation 6 (fees), substitute—
6. —(1) The Secretary of State may, in accordance with a charging scheme made by her for this purpose, charge operators fees in respect of any of the matters to which this paragraph applies. (2) The matters to which paragraph (1) applies are—
(b) the variation of a permit or of the conditions to which it is subject; (c) the revocation, surrender or assignment of a permit; (d) the subsistence of a permit; (e) the testing or analysis of substances; (f) the validity of, or of the results of, any testing or analysis of substances; and (g) the assessment of the effect upon the environment of the operation of any qualifying offshore combustion installation, but paragraph (1) only applies to the matters referred to in
sub-paragraphs (e) to (g) in cases where the testing, analysis,
validating or assessment is in any way in anticipation of, or
otherwise in connection with, the making of permit applications or
is carried out in pursuance of conditions to which any permit is
subject. 3. In regulation 9(4) omit the
words "either" and "or by such electronic means as the Secretary of
State may determine".
(b) insert "emissions from" after "operation of,"; (2) in paragraph (2) (which deals with
inspectors' powers) omit "may" where first occurring in each of
sub-paragraphs (h) to (k) of that
paragraph;
(3A) In criminal proceedings in which such person as is mentioned in paragraph (3) is charged with an offence to which this paragraph applies no evidence relating to that person's answer may be adduced and no question relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person. (3B) Paragraph (3A) applies to any offence other than one under—
(b) section 5 of the Perjury Act 1911[19] (false statements made otherwise than on oath); (c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995[20] (false statements made otherwise than on oath); or (d) article 10 of the Perjury (Northern Ireland) Order 1979[21] (false statutory declarations and other false unsworn statements).". 5. In regulation 14 (enforcement
notices)—
(b) insert "or an inspector appointed by him under regulation 13" after "the Secretary of State" where it appears for a second time; (c) for "on him"; substitute "on the operator"; (d) for "notice", substitute "notice in writing"; and (2) for paragraphs (3) and (4),
substitute—
(4) A person to whom an enforcement notice is addressed shall afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by paragraph (3). (4A) The Secretary of State or an inspector appointed by the Secretary of State under regulation 13 may revoke an enforcement notice served under paragraph (1).". 6. In regulation 15 (prohibition
notices)—
(2) for paragraph (4) substitute—
7. For regulation 19
substitute—
19. —(1) In this regulation—
(b) by other means but while in electronic form;
(2) A written document may be sent, given
or issued to the intended recipient by—
(b) leaving it at his proper address; or (c) sending it by post to him at that address. (3) A written document may be sent, given
or issued—
(b) to a firm (including a Scottish partnership) by being sent, given or issued to a partner in the firm or to a person having management or control of the partnership business; (c) to an unincorporated body by being sent, given or issued to a member of its governing body. (4) For the purposes of this regulation
and of section 7 of the Interpretation Act 1978[22]
in its application to this regulation, the proper address (except in
a case falling within paragraph (7) of this regulation of—
(b) a body corporate is the address of its registered or principal office; (c) a firm (including a Scottish partnership) or unincorporated body is the address of its principal office; (d) any other person is his last known address. (5) Where, by virtue of the above
provisions of this regulation, the proper address of the intended
recipient of a written document is outside the United Kingdom,
references in this regulation to the proper address of—
(b) any other person include his last known address in the United Kingdom (unless he is known no longer to have an address in the United Kingdom). (6) If the person to whom a written
document is to be sent, given or issued has furnished the person by
whom the written document is to be sent, given or issued with an
address pursuant to any provision of these Regulations, that address
shall also be treated for the purpose of this regulation as his
proper address.
1. In regulation 2 omit the definitions of "address" and "electronic communication". 2. In regulation 16 (appointment of inspectors)— (1) in paragraph (2), omit "their conclusions"; and (2) omit paragraph (4). 3. After regulation 16 insert—
16A. —(1) If the Secretary of State is of the opinion that any person has contravened or is contravening any condition of a permit or is likely to contravene any such condition, the Secretary of State or an inspector appointed by her under regulation 16 may serve on the operator a notice in writing ("an enforcement notice") which—
(b) specifies the matters which constitute, constituted or, as the case may be, are likely to constitute the contravention; (c) specifies the steps that must be taken to remedy or, as the case maybe, prevent the contravention; and (d) specifies the period within which those steps must be taken. (2) The steps that may be specified under
paragraph (1)(c) include steps that must be taken to remedy any
pollution caused by a
contravention.
(b) shall specify the risk involved in the operation of the offshore installation; (c) shall specify the steps that must be taken to remove it and the period within which they must be taken; and (d) may direct that any permit shall, until the notice is withdrawn wholly or in part, cease to have effect and, where the direction applies to part only of the operation of the offshore installation, it may impose conditions to be observed in carrying on that part of the operation which is authorised under the relevant permit. (4) The Secretary of State or an
inspector appointed by her under regulation 16 may by notice
withdraw a prohibition notice wholly or in part at any time and
shall withdraw a notice when the Secretary of State is satisfied
that the steps required by the notice have been
taken. 4. In regulation 18 (offences)(1)
in paragraph (1) (which deals with specifying offences)—
(b) insert "; or" at the end of sub-paragraph (g); and (c) after sub-paragraph (g) insert—
5. For regulation 19 there is
substituted a provision identical to that set out in paragraph 6 of
Schedule 1 to these Regulations. (This note is not part of the Regulations) These Regulations are made under sections 2 and 7(9) of the Pollution Prevention and Control Act 1999. They provide for the phasing out of the system of exemptions under the Prevention of Oil Pollution Act 1971 (permitting certain discharges of oil into the sea) and the replacement of that system by a permit system. The Regulations apply to the whole of the United Kingdom Continental Shelf except Scottish controlled waters. Regulation 3 provides that, in order for operators of offshore installations to discharge oil into relevant waters, a permit must be granted to them. This regulation also allows for the phasing in of the new permitting scheme. Regulations 4 and 5 deal with the procedure for the granting by the Secretary of State of permits, any conditions which may be attached to permits and the requirements for permit applications. Regulation 6 permits the Secretary of State to charge fees in relation to certain activities. Regulations 7 to 9 make provision for permits to be varied, assigned, revoked and surrendered in certain circumstances. Regulation 10 authorises the Secretary of State to make allocation plans in relation to specified emissions, and to make provision for one or more emissions trading schemes for the purpose of facilitating the trading of allowances allocated under the allocation plans. Regulation 11 requires the Secretary of State to establish and maintain a registry to record the trading in allowances allocated under the allocation plans. Regulations 12 to 14 deal with enforcement and give—
(b) the Secretary of State or an inspector power to serve enforcement notices (regulation 13). Regulation 15 gives an applicant for a permit, any permit holder,
or any person the subject of a decision by the Secretary of State a
right to appeal to the court against the Secretary of State's
decisions under the Regulations. Regulation 16 creates offences.
Regulation 17 deals with the services of notices and other
documents. Notes: [1] 1999 c.24.back [5] 1974 c.40; the provisions of section 30A(1) were inserted in the 1974 Act by section 169 of, and Schedule 23 to, the Water Act 1989 (c.15).back [11] 1979 No. 1714 (NI 19).back [13] 1878 41 & 42 Vict. c.73.back [21] 1979 No. 1714 (NI19).back
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