Offshore Chemicals (Amendment) Regulations 2011 |
New Amendment Regulations came into force on 30 March 2011. Revised DECC Guidance is available on the DECC Website; this is not yet reviewed/incorporated into the Oil & Gas UK Register but will be for the next quarterly update. In the meantime, the key changes to the regulations are
- Clearer distinction and definition between intentional (operational) discharges and accidental releases. This will for example, clarify treatment of leaks, particularly in relation to "open" hydraulic fluid systems and the use of leak detection and leak sealant chemicals
- Transfers intentional disposal of unwanted chemicals from FEPA Part II regime to OCR regime, in anticipation of implementation of licensing provisions of the Marine and Coastal Access Act
- Replaces the informal PON5 Part 2 process for well suspension and abandonment with formal permitting processes under OCR and OPPC.
- A new Regulation 3A is included which prohibits any person from releasing an offshore chemical or allowing such a release to coninute and to make the contravention of this provision an offence under Regulation 18 of the 2002 Regulations.
- The Regulations widen the circumstances in which a person can be prosecuted for emitting an offshore chemical so that an intentional emission (i.e. a discharge) will only be lawful if made within the terms and conditions attached to a permit, and any other emission (i.e. a release) will be unlawful.
- Regulation 7(b) amends Regulation 5(2)(d) so that conditions of permits can require necessary measure to be taken to prevent or limit the consequences of any incidents affecting the environment, not merely those arising by accident.
- Regulations 9(b) and 10(b)(ii) remove the requirements to consult the Centre for Environment Fisheries and Aquaculture Science, the Fisheries Research Service and states who are party to the OSPAR Convention in relation to the renewal or variation of a permit.
- Regulation 12 inserts a new Regulation 12a to establish a process for the transfer of a permit from one holder to another.
- Regulation 15 extends the circumstances in which a person may be required to provide information to the Secretary of State about the emission and use of offshore chemicals.
- Regulations 17 and 18 extend the circumstances in which enforcement and prohibition notices can be served to include any release of an offshore chemical or its use or discharge without a permit. Changes are also made to the period within which remedial steps are to be taken under an enforcement or prohibition notice. This aligns enforcement processes for OCR and OPPC (e.g. powers to prevent releases, enforcement notices, prohibition notices and offences).
- Regulation 20 amends provision in relation to offences and makes a number of qualifications regarding defences.
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