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186 16[2006/2007]4 ULR UK CURRENT SURVEY

Oil and gas – offshore activities In order to create greater public involvement in decisions concerning offshore activities,
25 May 2007 two sets of regulations have amended existing regulations which increase the level of
information given to the public in terms both of what they are told and where information
is published. The regulations which came into force in April and which amend regulations
from 1999 and 2001 respectively are the Offshore Petroleum Production and Pipelines
(Assessment of Environmental effects) Amendment Regulations 2007 and the Offshore
Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations
2007 (the Combustion Regulations).
The Petroleum Regulations govern the provision of licences for the drilling of wells,
extraction of petroleum, and erection of a structure in connection with such a development.
The Combustion Regulations provide for a requirement to obtain a permit to operate a
combustion installation (that is, any technical apparatus in which fuels are oxidised to use
the heat thus generated, therefore including gas turbines and equipment on platforms that
make use of such apparatus). Both sets of regulations aim to monitor and regulate the
environmental impact of offshore activities, generally requiring the Secretary of State to
take environmental statements into account when considering applications. The amendments
give effect to EU Directive 2003/35/EC, which provides for the public participation in
respect of plans relating to the environment. Public involvement is increased in the following
ways.
In respect of both regulations:
• Previously the Secretary of State was only required to provide notification of certain
decisions through the Gazette, but this must now also be done by any other means
that the Secretary of State considers appropriate, including electronic communications.
• New provisions apply to projects in ‘transboundary areas’. This means tidal waters
and parts of the sea adjacent to the United Kingdom from the low water mark up to
the seaward limit of territorial waters and designated areas of the continental shelf
and the seabed and subsoil beneath these, but excluding the tidal waters and parts of
the sea adjacent to Scotland from the low water mark to the seaward limits of the
territorial sea and the subsoil and seabed beneath. In respect of these areas, where a
project in an EEA state is likely to have a significant effect on the environment, the
Secretary of State can ask to participate in the consultation procedure of that Member
State. The Secretary of State must also bring this information to the attention of the
public.

In relation to the Petroleum Regulations:
• When the Secretary of State reaches the decision that no environmental statement
is required in respect of an application for consent, he can no longer merely
communicate the fact of this decision but must now also explain the contents of the
decision and any conditions attached, the main reasons for the decision, and a
description of the main measures required to be taken to offset major adverse effects
on the environment. Previously, this was only required in respect of the grant of
consent in respect of certain projects.
• In respect of both types of notifications (that is, a decision not to require an
environmental certificate and to give consent) the Secretary of State must now include
a summary of representations made to him in respect of the project in question,
together with details of how those representations were taken into account.
• Previously, when making a notification that a project was to be exempted from the
Regulations, the Secretary of State just had to specify what information regarding this
decision would be made available to the public. Now, the Secretary of State must
require that all information relating to the main effects that the project is likely to
have on the environment is made available to the public, and must state the manner in
which it is to be made available.

In respect of the Combustion Regulations:

• When the Secretary of State receives an application for a permit, this fact should now
be notified in an electronic communication if appropriate. Moreover, there are new
requirements for the content of the notice: it must state if the application is subject to
an environmental impact assessment and the nature of possible decisions in response
to the application. Also, the Secretary of State must ensure that any additional
information is made available to the public and allow them to make representations
on this.
• When the Secretary of State considers that a permit should be revised due to an
increase in emissions, he must now publish a notice stating this view and setting out

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