- Consent Needed and How to Obtain It
- Performance Standards
- Sampling/Monitoring Requirements
- Reporting Requirements
- Non Compliance
- Renewal and Variation
- Pending Legislation
|How to Apply:||N/A|
|Who to Apply to:||N/A|
|When to Apply:||N/A|
|Definition of Environmental Damage:||The Regulations do not cover all types of damage to the environment. Environmental damage only refers to:
Extent of liability
The Regulations introduce two types of liability: fault-based liability in respect of environmental damage to protected species and natural habitats from all other occupational activities and strict liability in respect of environmental damage, caused by a specified range of ‘occupational activities’. There is strict liability without the need to show fault for activities listed in Schedule 2 of the Regulations, these include:
There is also liability where an operator has intended to cause damage or has been negligent but only for damage to SSSIs or EU species or habitats.
There are certain exemptions such as damage caused by acts of terrorism or natural disasters or damage falling within certain international conventions (e.g. oil pollution).
Third parties may report potential damage to the competent authorities, who are then required to investigate.
Operator roles and responsibilities
|Monitoring:||None, although there may be requirements for monitoring post environmental damage remediation.|
|What to Report:||Operators are required to take immediate steps to prevent damage or further damage and to notify the enforcing authority.|
|Who to Report to (in England and Wales):||Report to the Environment Agency for:
Report to the Marine and Fisheries Agency for:
Report to the Countryside Council for Wales and Natural England for
Report to the Local Authorities for
|When to Report:||As soon as damage is known of.|
|Environmental damage:||The relevant competent authority (see the Reporting Requirements tab) must establish whether damage is environmental damage as defined under the Regulations and identify a responsible operator. In the event of damage under the Regulations, the competent authority will then serve a remediation notice taking account of any remediation measures proposed by the authority. The competent authority may also, if required:
|Requirements for Remediation:||For damage to SSSIs or EU species and habitats and damage to water, the approach is more comprehensive than in existing legislation. It consists of:
|Right of Appeal:||Where the authority determines that there is environmental damage and notifies the operator, the operator may appeal within 28 days. Grounds for appeal include:
Operators may also appeal against a remediation notice on the grounds that the contents of the remediation notice are unreasonable.
|EC review of liability regime for offshore oil and gas activities:||The European Commission recently published a communication on “facing the challenge of the safety of offshore oil and gas activities”. The Commission is concerned that existing licensing, operational safety and environmental protection standards often vary from one Member State to the next, preventing the establishment of a coherent European approach to managing health, safety and environmental risks. The Commission has considered how industry players can be encouraged to conduct offshore activities in a unified manner through a cohesive legal framework which would better ensure best practices are applied across the EU. The European Commission is set to review the liability regime applicable to offshore petroleum activities and will:
EU Offshore Safety Directive
Following the Deepwater Horizon incident in the Gulf of Mexico in 2010 and the European Commission’s communication “Facing the challenge of the safety of offshore oil and gas activities” (published in October 2010), the EU Directive on the “Safety of Offshore Oil and Gas Operations” was published on 28 June 2013 (Directive 2013/30/EU) (PDF document), amending Directive 2004/35/EC.
|Consultation on Amending the Environmental Damage (Prevention and Remediation) Regulations 2009 in England and Wales to transpose Article 38 of the Offshore Safety Directive 2013:||Defra and the Welsh Government were seeking comments (by 21 September 2014) on proposals to transpose Article 38 of Directive 2013/30/EU on the safety of offshore oil and gas operations (OSD). Article 38 has extended the scope of the Environmental Liability Directive (ELD) into the marine environment in relation to offshore waters. The ELD already applies to, amongst other things, damage affecting protected habitats and species out to 200 nautical miles and damage to waters covered by the Water Framework Directive (WFD) which extend up to 1 nautical mile seaward from the baseline in England and Wales. Article 38 of the OSD amends the ELD to extend the geographical scope of the ELD to include damage to marine waters, as defined in the Marine Strategy Framework Directive (MSFD).|
|Consultation on the implementation of Directive 2013/30/EU on the safety of offshore oil and gas operations and amending Directive 2004/35/EC, and on the review of offshore Approved Codes of Practice and the updating of UK onshore oil and gas safety legislation to cover emerging energy technologies:||Although now closed, this consultation sought views on the proposed UK approach to implement the offshore safety Directive (2013/30/EU). This will involve the introduction of new legislation and the amendment of existing legislation. The intention is to maintain as much as possible of the existing offshore safety and environmental regime. As well as these legislative changes, the consultation also presents proposals for new administrative procedures, and the establishment of an offshore competent authority. It also sought views on HSE’s proposals to update onshore oil and gas health and safety legislation to take account of emerging energy technologies and the review of two Approved Codes of Practice: Prevention of Fire and Explosion, and Emergency Response on Offshore Installations (PFEER); and Health Care and First Aid on Offshore Installations and Pipeline Works. Draft versions of the following proposed Regulations are included:
As well as draft amendments to the following existing Regulations:
|Fire prevention plan guidance review||The current guidance on fire prevention plans is being reviewed. The consultation ended on 4th March 2016 (link here).|
|MGN 507 Oil Pollution: liability – compulsory insurance- bunker oil (Amendment 1)||This notice informs ship-owners and masters about maintaining compulsory insurance against liability for bunker oil pollution damage (link here).|
|Onshore Oil and Gas sector guidance consultation||This consultation was on guidance for oil and gas companies and their consultants setting out which environmental permits are needed for onshore oil and gas exploration and extraction operations in England. The consultation closed on the 3rd March 2016 (link here).|