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Environmental Statement - Maersk Oil

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Balloch Field Development <strong>Environmental</strong> <strong>Statement</strong><br />

Appendix A – Review of Legislation<br />

Consenting<br />

Issue Legislation Regulator and Requirements<br />

EIA<br />

EC Directive 85/337 (the EIA Directive)<br />

(as amended by Directives 97/11,<br />

2003/35 and 2009/31)<br />

Offshore Petroleum Production and<br />

Pipelines (Assessment of <strong>Environmental</strong><br />

Effects) Regulations 1999 (as amended<br />

2007) (as amended by the Energy Act<br />

2008 (Consequential Modifications)<br />

(Offshore <strong>Environmental</strong> Protection)<br />

Order 2010)<br />

Under the EIA Directive all Annex I projects are considered to have an effect on the environment and require EIA (and<br />

consequently an <strong>Environmental</strong> <strong>Statement</strong> (ES)). This includes oil and gas exploration and production projects and more<br />

recently, under Directive 2009/31, certain CCS projects.<br />

Regulator: Department of Energy and Climate Change (DECC)<br />

The Secretary of State for Energy and Climate Change will take into consideration environmental information in making<br />

decisions regarding consents for offshore developments and projects.<br />

A statutory ES and public consultation is mandatory for:<br />

New field developments or increase in production where production is predicted to exceed 500 tonnes of oil<br />

per day or 500,000 cubic meters or more per day of gas;<br />

New pipelines or extensions to pipelines of 800mm diameter and 40km or more in length<br />

A project which has, as its main object, a storage or unloading activity, and in the respect of related<br />

installations, or the construction of a pipeline conveying combustible gas or carbon dioxide (under the<br />

amendments made by the Energy Act 2008 (Consequential Modifications) (Offshore <strong>Environmental</strong> Protection)<br />

Order 2010)<br />

A formal process has been established for the submission of an ES and public consultation which involves:<br />

Submission of the ES to DECC and their advisors (<strong>Environmental</strong> Authorities)<br />

The ES must be advertised in the national and local press<br />

The ES must be available for public consultation for at least 28 days following the advertisements (longer if this<br />

includes a public holiday)<br />

The public may request a copy of the ES and the maximum allowable charge which may be made for this is £2<br />

The public, <strong>Environmental</strong> Authorities, consultees and other organisations make their comments to DECC<br />

DECC may require more information/clarifications from the operator or may require resubmission of the ES<br />

should they feel that they have insufficient information on which to evaluate the environmental implications of<br />

the proposed project<br />

Following consideration, DECC may issue a project consent which is then advertised in the Gazette, following<br />

which there is a six week period during which those who feel ‘aggrieved’ by this decision may challenge it<br />

The requirement for a Statutory ES is at the discretion of the Secretary of State for:<br />

A ‐ 5

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