Navigational Interference – Pipelines

For information on the impact of Brexit on oil and gas environmental legislation, please refer to the pdf document downloadable from the Home Page.

Key Legislation:

For more detail on the Legislation relevant to this page, please use the following links:
Supporting legislation:
Guidance:

The PWA and DEPCON guidance has been moved to the OGA website, capturing the transition of DECC to the Department for Energy Security and Net Zero in the guidance.

The OGA has added a category of PWA titled ‘Options (Category 2- short)’. This category should be used where the issue with the pipeline is not clearly identifiable and multiple potential failure points are recognised.  Guidance available here.

This guidance offers insight on where updated Regulations on the assessment of environmental effects apply and the requirements associated with environmental impact assessments.

  • 2020 EIA Regulations Guidance: The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 – A Guide. This guidance is accompanied by a template for the Environmental Statement Details to be provided upfront of the ES and an EIA summary of Project template to be provided to OPRED as part of the EIA submission pack. The Guidance and templates can be downloaded from the UK Government’s website.
Consent Needed (to be updated with new requirements once new DECC guidance is issued – see the Pending Legislation tab): Pipelines Work AuthorisationA Consent to Locate required under the Coast Protection Act 1949 is also issued with the Pipelines Work Authorisation.
How to Apply: A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations. The same application process also includes consent to deposit materials on the seabed (DepCon) (see Pipeline Stabilisation). Although some information may still be included in the PWA application, use and discharge of chemicals are now covered under the Offshore Chemicals Regulations 2002 and a separate permit is required (see Pipeline Chemicals).A Public Notice must also be published. Information on the required contents can be found in Appendix D of the PWA Guidance.Guidance notes on consent to locate under the Coast Protection Act 1949 is also available on the Department for Energy Security and Net Zero website. Also see Navigational Interference – Installations for general information on CPA applications.
Who to Apply to: The Department for Energy Security and Net Zero EDU OED (Environmental Management Team).
When to Apply: A minimum of 4 months before pipeline construction begins. Where there are no objections, it takes approximately four months from receipt of the application to issuing the authorisation. In the case of pipelines for which an Environmental Statement is required, the procedure may take longer (see EIA).Note: Early consultation with fishing interests is recommended.
Dynamically Positioned Vessels: CPA consents to locate will not be required for activities involving the use of vessels maintained on station using dynamic positioning, where the vessel would be able to move off station in the event of a navigational emergency, and where the proposals will not involve any deposit or removal of materials from the seabed that would constitute a locus for application of the Coast Protection Act (CPA).Further information available from CPA Guidance Notes for Vessels – Interim (PDF Document) on the Department for Energy Security and Net Zero website
General:

A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations.
None with respect to navigation/fishing interference.
What to Report (to be updated with new requirements once new Department for Energy Security and Net Zero guidance is issued – see the Pending Legislation tab): Nothing with respect to navigation/fishing interference.
What to do if in Breach of Consent/ Authorisation (to be updated with new requirements once new Department for Energy Security and Net Zero guidance is issued – see the Pending Legislation tab: It is an offence to contravene the requirements of the Petroleum Act 1998 or to knowingly make false statements. If any work is undertaken in contravention of the Pipeline Works Authorisation, the Department for Energy Security and Net Zero has powers to issue a notice for remediation or removal of the pipeline.
Offshore Inspection: The Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas  Environmental Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Renewal: The Department for Energy Security and Net Zero has powers to terminate a Pipeline Works Authorisation if the works have not commenced within 3 years of issue.
Consultation on transposition of Environmental Impact Assessment Directive: Regulations on offshore hydrocarbon-related developments on pipe-lines The Department for Energy Security and Net Zero are seeking opinions on amendments to Offshore Production and Pipe-lines Regulations to transpose the EIA Directive.This consultation closed at 11.45 pm on 16th March 2017.

OGA Guidance – Pipeline Works Authorisations (PWA)

 The OGA has added a category of PWA titled ‘Options (Category 2- short)’. This category should be used where the issue with the pipeline is not clearly identifiable and multiple potential failure points are recognised.