Decommissioning - Deposit of Stabilisation or Protection Materials

• Food and Environment Protection Act 1985 (FEPA)
• Marine and Coastal Access Act 2009 (MCAA)
• Marine Scotland Act 2010

The Marine and Coastal Access Act (MCAA) and Marine (Scotland) Act will replace and merge the requirements of FEPA Part II (deposits to the sea) and the Coast Protection Act (navigation). FEPA Part II remains in force in Scottish territorial waters to cover reserved activities.

Many offshore sector activities are exempt from the acts, however certain activities including deposits of substances or articles in the seabed during abandonment and decommissioning operations are covered.

• DECC Note on Deposit of Stabilisation and Protection Materials (new replacement guidance pending)

FEPA Licence is no longer required for deposit of stabilisation or protection materials related to decommissioning operations.

As of April 2011 when the licensing provisions of MCAA and MSA come into force, a licence under these acts will be required for all decommissioning activities and for any deposits, removals or seabed disturbance during abandonment. Licences may be applied for individual activities or a group of activities.

A FEPA licence will still be required for activities within Scottish territorial waters and this is administered by Marine Scotland.

The application process under the MCAA and MSA is not yet known. DECC guidance has been drafted and is awaiting issue.

For a FEPA licence in Scottish Territorial waters - application for consent is made by submitting Form FEP5.

The application process under the MCAA and MSA is not yet known. DECC guidance has been drafted and is awaiting issue. Any queries in the meantime should be direct to DECC Oil & Gas Environmental Management Team by email to emt@decc.gsi.gov.uk

Application to be sent to FRS for FEPA application in Scottish territorial waters. Three copies of the application form are to be submitted.

The application process under the MCAA and MSA is not yet known. DECC guidance has been drafted and is awaiting issue.

FEPA application in Scottish territorial waters normally require at least 10 weeks to process but exceptionally a longer period may be required.

Not known at present.

There is no requirement to monitor / sample the deposited material under FEPA.

Not known at present.

Consent stipulates that if the Secretary of State is of the opinion that the deposited materials are, or are likely to, cause obstruction or hazard the SoS may require the removal of those materials.

None at Present