Navigational Interference - Installations

• Marine and Coastal Access Act 2009 (MCAA)
• Marine Scotland Act 2010
• Energy Act 2008

Licensing provisions of the MCAA and Marine Scotland Act will come into force in April 2011 and will disapply the Coast Protection Act. MCAA will include navigational provisions, but virtually all activities associated with exploration or production/storage operations will not require licences.

The provisions of the Coast Protection Act therefore transferred to the Energy Act 2008 Part 4A by the MCAA and MSA to cover navigation considerations relating to exempted exploration or production/storage operations. Consent to locate provisions of the Energy Act Part4A will come into force in April 2011.

DECC is about to consult on the Part 4A consenting provisions, which will provide an opportunity to update the Coast Protection Act regime currently being implemented on behalf of the Department of Transport (see Pending Legislation)

• UN Convention on the Continental Shelf 1958
• Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
• Petroleum Licensing (Production) (Seaward Areas) Regulations 2008
• Petroleum Act 1998

• DfT Guidance on Coastal Protection Act Process (on DECC website)
• DECC Flowchart for Coastal Protection Act
• HSE Operations Notice No 3 - Liaison with other bodies
• HSE Operations Notice No 6 - Reporting of offshore installation movements
• HSE Operations Notice No 14 - Consent Guidance on Coast Protection Act 1949 - consent to locate and the marking of offshore installations
• Interim Guidance on Vessels Consent to Location

Offshore oil and gas installations may only be located with prior written consent. At present there are 6 types of CPA Consent:

• CPA1 - Drilling
• CPA2 - Permanent Structures
• CPA3 - Pipeline Works Authorisation (see Navigational Interference - Pipelines)
• CPA4 - Cables
• CPA/DISP - Dispensations
• CPA/WA - Well Abandonment Operations

There are also specific requirements around navigational issues for decommissioning programmes (see Decommissioning - Navigation)

Application in writing.

In considering an application for consent DECC has to evaluate the risk to shipping which may arise from the installation of facilities of all kinds including pipelines, and measures to reduce such risks. The following aspects are considered:

• Evidence of shipping movements close to the proposed locations;
• Likely changes in those movements resulting from an installation;
• Constraints imposed upon local navigation by the installation;
• Danger of passing vessels colliding with the installation;
• The increased danger of ships colliding with each other, or having other misfortune, as a result of needing to avoid the installation; and
• If appropriate the scope for reducing risk by taking counter measures.

Guidance on the application process is available on DECC website and from the DECC CPA Process Flowchart

Application for a consent under the CPA can also be made through the PON15 application process for some operations (see Drilling Chemicals and Workover as appropriate). For pipelines, consent to locate is through the PWA application (see Navigational Interference - Pipelines)

DECC Licensing and Consent Unit (DECC LCU-OED) by email at emt@decc.gsi.gov.uk

If applying by PON15 these must be submitted electronically to DECC via the UK Oil Portal. Operators will need to be registered with DECC for access to the Portal.

To set up a UK Oil Portal Account, contact the DECC OED Environmental Management Team at ukop@decc.gsi.gov.uk

Any problems with PON15 submission contact the DECC OED EMT by email at emt@decc.gsi.gov.uk

Note: DECC took over responsibility for the Coast Protection Act 1949 Regulations for offshore oil and gas installations in October 2005.

Fixed installations - consent applications should be submitted a minimum of 28 days in advance of the proposed activities. For busier or higher risk locations is is recommended that earlier applications be made to give time to address any queries made by DECC and/or consultees.

Mobile installations - 28 days prior to mobilisation of rig.

Pipelines - consent to locate is triggered and issued as part of the Pipelines Work Authorisation application (see Navigational Interference - Pipelines)

It is preferred and less problematic to operators and DECC if applications for new developments address all the facilities to be placed rather than a series of piecemeal applications. Consent can then be given to cover the whole operation e.g. template, drilling, jacket, topsides, pipelines etc. Difficulty has arisen in the past for some operators where uncontroversial seabed works have been put forward for consent before and without details of more sensitive surface works. A limited consent e.g. for exploratory drilling only does not imply that consent will necessarily be given for other operations at the same site.

Consent to locate in such areas are unlikely, and if consent is given stringent conditions limiting the time allowed on site are likely to be imposed.

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).

Not applicable

Reporting of offshore installation movements.

Report using Annex A of HSE Offshore Safety Division Operations Notice No 6.

At least 48 hours before installation tow-out is commenced. 

Section 36 of the Coast Protection Act 1949 makes non-compliance with the requirements of Section 34 or any conditions imposed within consents granted an offence. The Minister of Transport may serve notice to remove works or make alterations within a stated period (not less than 30 days). 

None at present