Navigational Interference - Installations

• Coast Protection Act 1949
• Continental Shelf Act 1964

Section 34 is still in force (and extended by the Continental Shelf Act 1964) and provides that where obstruction or danger to navigation is likely to result, the prior consent of the Secretary of State is required for the siting of a drilling or production installation or a pipeline, in any part of a designated area of the UKCS. Such consents may be issued subject to conditions the Secretary of State feels appropriate.

• UN Convention on the Continental Shelf 1958
• Food and Environment Protection Act 1985 (FEPA)
• Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004
• Petroleum Licensing (Production) (Seaward Areas) Regulations 2008
• Petroleum Act 1998

• 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

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.

DECC Licensing and Consent Unit (DECC LCU-OED) by email at emt@berr.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.

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.

Not appliacable

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