Geological Survey - Habitats Directive

• The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
• The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007

Regulation 4 of the 2001 Regulations require holders of a licence under the Petroleum Act 1998 to obtain written consent before carrying out geological surveys wholly or partly on the UKCS.  Amendments made under the 2007 Regulations extend this requirement to include UK waters.  New Guidance incorporating the 2007 amendments is currently being drafted (see Pending Legislation ).

Regulation 5 of the 2001 Regulations also requires the Secretary of State to consider whether an “appropriate assessment” should be undertaken prior to granting a licence under the Petroleum Act 1998.  The 2007 amendments also extend this requirement to all UK waters.

• Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007
• The Conservation (Natural Habitats, etc.) Regulations 1994 and the Conservation (Natural Habitats, etc.) Regulations Northern Ireland 1995.
• The Conservation (Natural Habitats &c.) (Amendment) Regulations 2007
• The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007
• The Conservation (Natural Habitats &c) Amendment (Scotland) Regulations 2008

These Regulations make it an offence to deliberately disturb wild animals of a European Protected Species in such a way as to significantly affect a) the ability of any significant group of animals to survive or breed or b) the local distribution or abundance of that species (see Performance Standards). If appropriate a Wildlife Licence might be required.

• Habitats Directive 92/43/EC
• Wild Birds Directive 79/409/EEC
• Section 9 of the Wildlife and Countryside Act 1981 (equivalent in Northern Ireland is Article 10 of the Wildlife (Northern Ireland) Order 1985). 
• Conservation (Natural Habitats, &c) (Amendment) (England) Regulations 2003
• Convention on the Conservation of European Wildlife and Habitats (the Bern Convention) and Article 12 of the EC Habitats and Species Directive (92/43/EEC).
• Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas

• Guidance Notes on the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

These Regulations cover seismic survey or geological survey in offshore waters. Note – these Guidance Notes are currently being reviewed and updated in line with 2007 amendment Regulations.  

• Guidance Notes for Oil and Gas Surveys and Shallow Drilling – October 2002

These guidelines apply to any oil and gas survey or shallow drilling activity and describe the PON14 application process.

• Guidance on the Deliberate Disturbance of Marine European Protected Species (pdf) - Interim Guidance for English and Welsh Territorial Waters and UK Offshore Waters - March 2008 (see Pending Legislation for status)

These Guidelines explain the requirements of the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (see Performance Standards) and where a Wildlife Licence might be required. Note that these guidance notes do not include Scottish Territorial Waters and guidance should be sought from SNH or the Scottish Government on activities in these areas.

Consent to Survey required for all:

• Seismic survey;
• High resolution seismic site survey;
• Borehole seismic;
• Shallow drilling; and
• Gravity/magnetic survey.

Where there is a risk to European Protected Species that cannot be removed or sufficiently reduced by the taking of mitigation measures, then a Wildlife Licence may be required for a number of categories of activities (Wildlife Licence).

Notification of Survey required for:

• New pipeline and cable route surveys (e.g. side scan sonar and ROV/AUV); and
• Seabed survey not around existing installation or pipeline; and
• All surveys near to or near a “relevant site” under the Habitats Directive.

Survey Notification is being used to inform other sea users of activity in the area. Notification will be made to groups such as the fishing industry and Ministry of Defence.

• No action is required for:
• Inspection, Repair and Maintenance surveys;
• Surveys of existing pipelines or installations;
• Pre/post lay survey; and
• Environmental survey (e.g. grab sampling and box corers).

See Seismic Survey for information on seismic surveys and high resolution seismic site surveys.

Application for Consent or Notification of Survey must be made using the PON14A (see PON14A Template). If the survey involves a number of survey techniques, a single PON14A should be submitted. Information required for completion of the PON14A, includes:

• Type of survey;
• Location and timing (earliest possible start and latest possible finish dates) of survey;
• Details of equipment and vessel;
• Licence details; and
• Consultations undertaken.

Consent applications (but not notifications) will require an assessment of potential disturbance to protected species (see Performance Standards) to meet JNCC requirements.

DECC has the duty to ensure as far as possible that all interested parties are consulted but this should not preclude direct consultation prior to surveys.

Additional information may be required if the site is near or within a protected area under the Habitats Directives or Wild Birds Directive or where protected species use the area even if it is outside any habitat designation.

The completed PON14A should be submitted by email to DECC EDU-OED Environmental Management Team in Aberdeen (emt@berr.gsi.gov.uk). DECC will forward a copy to the statutory consultees (JNCC, DEFRA or FRS).

The completed PON14A should also be copied by the applicant to British Telecom, NAVAREA One Co-ordinator, Ministry of Defence, MCA and Kingfisher Bulletin. For surveys within 6 miles of shore, a copy of the PON14A should also be sent to the relevant SFC. Contact details are provided in Appendix B of the PON14A. This step will not be necessary when DECC UK Oil Portal is fully operational, the timing of this is not known.

At least 28 days before proposed survey. Where the survey is likely to be in an area where the Habitats or Wild Birds Directives may apply, contact with DECC and JNCC should be made as early as possible, and at least 2 months before the survey. 

Shorter notice may be possible for some site surveys, however a minimum of 14 days is required, and whilst DECC is normally flexible, short notice can risk delay. 

If a survey is cancelled, DECC should be advised immediately by email as soon as possible. Local fishing organisations will be informed by DECC. 

If a survey is delayed or there are any substantial changes (e.g. large increase in survey area) this should be notified to DECC by sending an updated PON14A as soon as possible, or at least a week before commencement. To avoid frequent updates, DECC recommends recording earliest possible start date and latest possible end date on the original PON14A submission.

DECC is obliged to take proper account of the obligations stemming from the Birds and Habitats Directives to protect and conserve the marine environment. A number of offshore sites have been designated as draft or possible SACs (see JNCC website). If survey is within these areas or close by, consultation should be undertaken with the JNCC as soon as possible.

Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007, a person commits an offence if he:

• Deliberately disturbs a European Protected Species in such a way as to be likely significantly to affect:
  • the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or
  • the local distribution or abundance of that species.

Marine European Protected Species (EPS) include all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to (i) assess the likelihood of committing a disturbance offence (ii) consider the need for mitigation measures and (iii) decide whether to apply for a Wildlife Licence.

A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14 application. Guidance on undertaking such an assessment is included in the JNCC's Guidance (see Guidance) .

Conditions may be applied.

A Survey Closeout Report must be submitted. This requires information on the survey area covered and sail line kilometres shot. PON14A Survey Closeout Form.

Reports should be submitted post survey.

Non-compliance with PON14 requirements would result in a cessation of operations and could result in prosecution and/or the revocation of the Seaward Exploration or Production Licence. 

Guidance Notes for Oil and Gas Surveys and Shallow Drilling – October 2002 are currently being reviewed and amended in light of The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2007 and revised guidance will be issued in due course.

None at present