Navigational Interference - Pipelines

Legislation

Key Legislation

Petroleum Act 1998

Under Section 14 of the Act, no person shall construct or use a pipeline without the prior authorisation of the Secretary of State. Any authorisation may contain such terms as the Secretary of State thinks appropriate, including steps to be taken to avoid or reduce interference by the pipeline with fishing or with other activities.

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)

Supporting 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

Guidance (to be updated with new requirements once new DECC guidance is issued - see Pending Legislation)

Consent Needed and How to Obtain It

Consent Needed (to be updated with new requirements once new DECC guidance is issued - see Pending Legislation)	Pipelines Work Authorisation. A 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 DECC website. Also see Navigational Interference - Installations for general information on CPA applications.
Who to Apply to	DECC 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.

Performance Standards

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 on DECC 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.

Sampling/Monitoring Requirements

None with respect to navigation/fishing interference.

Reporting Requirements

What to Report (to be updated with new requirements once new DECC guidance is issued - see Pending Legislation)

None with respect to navigation/fishing interference.

Non Compliance

What to do if in Breach of Consent/ Authorisation (to be updated with new requirements once new DECC guidance is issued - see Pending Legislation	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, DECC has powers to issue a notice for remediation or removal of the pipeline.
Offshore Inspection	The DECC Environmental Inspectorate Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Renewal

DECC has powers to terminate a Pipeline Works Authorisation if the works have not commenced within 3 years of issue.

Pending Legislation

Energy Act Part 4A - expected provisions for navigation and consent to locate

The changes will introduce a formal application process which will be linked to the environmental regime instead of the Petroleum Act or Energy Act consenting regimes, e.g. consent to locate a pipeline will be linked to an ES or PON15C application process rather than the PWA process.

There will be no formal requirement for an ES to support applications for consent, but related ESs will be copied to the relevant navigational bodies (e.g. MCA, Lighthouse Authorities, MOD, FIshermen's representative bodies) to confirm there are no significant issues.

Consultation period for applications will be 28 days to match other environmental processes.

Some vessel activities will require a consent to locate, if the vessels will be physically connected to seabed infrastructure that could constrain their ability to "navigate" e.g. drill ships and intervention vessels.

Consent documents will include enforceable conditions, and depending upon the nature of the application, these could include:

Existing marking/lighting guidance documents attached to current (DfT) consents;
Lighthouse Authority requirements including inspection regimes;
MOD requirements including the use of beacons (to replace the Model Clause conditions)
Guard vessel requirements
Vessel logs and reporting requirements

Where appropriate the consent requirement and compliance with the consent conditions will be included in teh remit of offshore enviornmental inpsections, and powers will be available to enforce compliance and pursue any offences.

The consents will cover the duration of the deployment, and not just the duration of any installation operations, e.g. installations and pipelines will have a "life" consent that will be surrendered when the infrastructure is removed or a MCAA licence issued that includes insitu abandonment.

Applications to vary the consent will be rquired, including variations that relate to activities within an existing 500 meter safety zone e.g. it will be necessary to vary the consent to locate a rig or flotel within the safety zone of a consented installation.

There is currently no charging powers so there will not be a separate consent to locate fee.

Snippets

None at present.