Pipeline Stabilisation

• Petroleum Act 1998
• 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 through either the Petroleum Act 1998 or Energy Act 2008, however certain activities including deposits of substances or articles in the seabed for certain pipelay operations and decommissioning operations are covered.

• Guidelines for the Completion of Pipeline Works Authorisations. 
• DECC Note on Deposit of Stabilisation and Protection Materials (new replacement guidance pending)

Also see the following topics for additional guidance: Decommissioning of Pipelines and Inteference with Navigation.

Deposit of Materials Consent (DepCon) is required for deposit of materials e.g. rock dumping or mattresses. This forms part of the Pipeline Works Authorisation (PWA) application process.

A Direction under the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 is also required.

A licence under the MCAA or MSA is required in cases where not covered by a PWA, e.g.

• Pipeline crossing preparations or other works before a PWA or related Direction is in place;
• Installation of certain types of cable e.g. communications cables.

DepCon/PWA

Apply for the certificate by completing the application form (DepCon1) and attaching a covering letter. Guidance on completion of the DepCon is available in Appendix B of the Guidelines for the Completion of Pipeline Works Authorisations. The following information must be provided on the application for consent (DepCon1):

• Description of material to be deposited;
• Quantity to be deposited;
• In the case of rock dumping, the maximum size to be deposited;
• Location of the proposed site;
• Length, width and height above seabed level which the material will attain when deposited;
• Description of any consultations undertaken or planned; and
• Approximate date on which deposition is proposed to begin and the approximate duration of the operation.

A Public Notice must also be published. Information on the required contents can be found in Appendix D of the PWA Guidance.

Direction/PON15C

Application for a Direction under the EIA Regulations is also required through a PON15C application detailing the deposit requirements.

If a requirement to deposit materials arises following issue of the relevant Direction, the operator can seek a direction for the deposits by varying the exising PON15 application (a revised DepCon will also be required). In both cases, the operator also has the option of submitting a stand-alone PON15 application.

MSAA Licence

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

DepCon/PWA

Application to be sent to DECC EDU-LED (Pipeline Consents Team) and copied to the Health and Safety Executive (HSE).

Direction/PON15C

PON15s 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

MSAA Licence

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

DepCon/PWA

Consent must be secured prior to commencement of deposition of material. Where there are no objections it takes approximately four months from receipt of the application to issuing the authorisation.

In the case of pipelines in respect of which an Environmental Statement is required under the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999, the procedure may take longer in order for all the environmental issues to be properly considered.

Direction/PON15C

PON15 applications must be made at least 28 days before operation commences. However, if also seeking a direction that an ES is not required, additional time should be allowed.

MSAA Licence

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

When an application or a varation to a PWA is submitted to the EDU-LED (Pipeline Consents Team), these are copied to the DECC EDU-OED (Environmental Management Team) who will review and confirm the requirements for an EIA to support an application (see EIA).

In cases relating to works or deposits within an already established safety zone it is unlikely that an EIA (or PON15C EIA Direction) would be required.

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

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

DECC requires operators to complete a return form, 'Deposit of Stabilisation / Protection Materials' using the Excel Spreadsheet provided by DECC.

This will enable the Department to collate information on all future deposits, which will be particularly relevant in relation to our assessments of potential impacts on protected habitats and species.

A Nil Return must be provided where no deposits have been made.

Following completion of material deposit operations.

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.

A PWA will not be approved until approval of a submitted ES or a Direction that an ES is not required has been issued (see Offshore EIA).