Geological and Seabed Survey

• 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 being drafted (see Pending Legislation ).

Regulation 5 of the 2001 Regulations also requires the Secretary of State to consider whether an "appropriate assessment" (known as a Habitats Regulatory 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 as amended

These Regulations make it an offence to deliberately disturb wild animals of a European Protected Species (EPS). See European Protected Species for full list of amendments and further details on EPS licensing.

• EC Directive 92/43/EC (Habitats Directive)
• EC Directive 2009/147/EC (Birds Directive)

• Section 9 of the Wildlife and Countryside Act 1981

The EC Birds and Habitats Directives are implemented through the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 as amended by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2012 for offshore waters and through the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) (in Scotland) and the Conservation of Species and Habitats Regulations 2010 in England and Wales for inshore waters and onshore.

• 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.

see Habitats Regulatory Assessment page for more details.

• 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 2005

These guidelines apply to any oil and gas survey or shallow drilling activity and describe the PON14A application process.

• JNCC guidelines for minimising the risk of disturbance and injury to marine mammals from seismic surveys (August 2010) (pdf)

These guidelines are aimed at minimising acoustic disturbance to marine mammals from seismic surveys and other operations where acoustic energy is released. Application of the guidelines is mandatory. The guidelines apply to all marine mammals, including seals, whales, dolphins and porpoises. All surveys using higher energy seismic sources (including site surveys as well as large scale seismic surveys) must comply with these guidelines or risk prosecution. Additional information is also available on the JNCC website (seismic survey page).

• 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 as amended (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).

Benthic Grab and Core Sampling of the Seabed

A marine licence is now a legal requirement under Section 66 (8) of the Marine and Coastal Access Act 2009, which states consent is required to use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area. More information can be obtained from the MMO.

The Marine and Coastal Access Act 2009 is currently under review by DECC. However, a marine licence application form has been issued.

Marine licensing for seabed sediment sampling is not required in Scottish inshore and offshore waters by order of the Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012, although Scottish Ministers must be notified of sediment sampling (unless sampling authorised by SEPA under the CAR Regulations).

The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (SI 2013/526) came into force on the 6th April 2013. The Order amends the Marine Licensing (Exempted Activities) Order 2011. Modifications are made to the conditions subject to which activities do not require a marine licence, including: marine chemical substances, marine oil treatment substances and substances for removing surface fouling matter; activities relating to scientific instruments, reagents and tracers; removal activity carried out for the purpose of taking a sample for testing or analysis; and removal activity carried out for the purpose of removing objects accidentally deposited on the seabed.

• The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 – SSI 2013/286

Marine Licensing (Pre-application Consultation) (Scotland) Regulations SSI 2013/286

These Regulations require marine license applicants’ intent on undertaking operations relating to certain classes of licensable marine activity to carry out a pre-application consultation process.

This involves numerous bodies being informed of the intent to submit an application, and the holding of a consultation event in which those bodies, in addition to other interested parties, may provide comments to the prospective applicant as regards to the licensable marine activity.

These Regulations will came into force on 1st January 2014 and apply to Scotland only. They provide for certain classes or descriptions of licensable marine activity to be subject to a pre-application consultation.

• SEPA Guidance on Marine Licensable Activities Subject to Pre-Application Consultation

From 6th April 2014, certain activities will be subject to a public pre-application consultation requirement, as specified in the Marine Licensing (Pre-Application Consultation) (Scotland) Regulations 2013.
 
Activities affected will be large projects with the potential for substantial impacts on the environment, local communities and other legitimate uses of the sea. This new requirement will allow local communities, environmental groups and other interested parties to comment on any proposed development in its early stages, before an application for a marine licence is even submitted.

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@decc.gsi.gov.uk). DECC will forward a copy to the statutory consultees (JNCC, DEFRA or MS).

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 2009 (as amended), a person is guilty of an offence if he:

(a) deliberately captures, injures, or kills any wild animal of a European protected species; or

(b) deliberately disturbs wild animals of any such species.

Disturbance of animals includes in particular any disturbance which is likely to:

(a) impair their ability:

• to survive, to breed or reproduce, or to rear or nurture their young; or
• in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.

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 PON14A application. Guidance on undertaking such an assessment is included in the JNCC's The protection of marine European Protected Species from injury and disturbance for England, Wales and the UK offshore marine area.

This document is currently being updated by the JNCC and a link wii be provided once the document is released.

In areas that are important, for marine mammals (as indicated in consultation with the JNCC) operators may be required to provided qualified and experienced personnel to act as Marine Mammal Observers (MMOs) on board the survey vessel.  JNCC will stipulate the number of MMOs required.

A further duty is to ensure that the JNCC reporting forms are completed for inclusion in the MMO report.

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.

Where MM Observers have been stipulated, marine mammal sightings must be reported using MMO Report Forms (the latest reporting Templates are available on the JNCC website).

All Survey Closeout Reports (PON14A) plus required attachments as detailed on the PON14A should be submitted to the PON14 Coordinator at emt@decc.gsi.gov.uk

In addition PON14As for site surveys should be submitted to the MEDIN Coordinator, BGS and for seismic surveys (except site surveys) to Schlumberger Information Solutions. Contact details are provided on the PON14A.

Reports should be submitted post survey.

Non-compliance with PON14A requirements would result in a cessation of operations and could result in prosecution and/or the revocation of the Seaward Exploration or Production Licence. 

JNCC has produced interim guidance, for English and Welsh territorial waters and the UK offshore marine area, on 'The deliberate disturbance of marine European Protected Species'.

The final draft has still to be approved by Defra lawyers and the guidance has not been adopted by the Scottish Government.

The Offshore Marine Conservation Regulations (as amended) introduced offshore controls to protect European Protected Species, as required under Article 12 of the Habitats Directive and these have supplemented and amended controls that were available in territorial waters under Conservation (Natural Habitats) Regulations.

DECC will be the regulator for offshore energy-related activities, apart from in Devolved Authority territorial waters.

There is currently no formal application process - operators are including disturbance assessments for seismic surveys and piling operations in sensitive areas based on JNCC guidance. DECC has held meetings with other regulators and the Statutory Nature Conservation Agency (SNCA) consultees, to try to agree similar application forms and assessment processes. Developments are taking account of requirements of Noise Descriptor under Marine Strategy Framework Directive (MSFD)

The PON14A form has been amended to include elements relating to the Disturbance Licensing and MSFD requirements, and awaiting comments on amendments from SNCAs.

In 2012 The Law Commission undertook consultation to reform outdated wildlife legislation. Much of the older legislation is out of step with modern requirements, and the principal modern Act – the Wildlife and Countryside Act 1981 – has been amended to such a degree that it is difficult for any non-specialists to use. Consultation ended on 30th November 2012.

The Law Commission proposes to analyse consultation responses and publish a final report with recommendations and draft Bill by mid 2014.

The OSPAR Commission has agreed measures to protect iconic species in the North-East Atlantic from threats faced by these species from sea users and harmful waste getting into the marine environment. The measures also extend to the protection of several important habitat types.

The press release which came out in December 2013 can be downloaded from the OSPAR Comission website.

In November 2013, Defra formally announced the designation of the first substantial suite of Marine Conservation Zones in inshore and offshore waters off the English coast. The 27 sites were designated to help conserve the diversity of marine life and geology found in our seas.

The press release is available downloadable from the JNCC website.

This report reviews past trends and projections for the next six and 20 years in the South marine plan areas for each marine sector in the Marine Policy Statement and considers potential key future changes and policy directions of relevance to the sectors.

More information can be found on the Marine Management Organisation's website.

Planning Scotland's Seas: 2013 - Possible Nature Conservation Marine Protected Areas Consultation Overview - Strategic Environmental Assessment (SEA) Report

The SEA identifies positive and negative effects, including ‘cumulative’ effects. The assessment has been systematic, and the findings are recorded in a series of tables. The significant impacts are described in detail in the Environmental Report.

The report can be found on the Scottish Government website, link here.

New marine draft Special Protection Areas being considered by Scottish Government

The draft SPAs that are being considered have been identified based on many years of research on marine birds carried out largely by JNCC.

New Marine Protected Areas designated to help contribute towards safeguarding Scotland's seas

It was announced on the 24th July 2014 that 30 MPAs have been designated under the Marine (Scotland) Act and the UK Marine and Coastal Access Act. These will be incorporated into the National Marine Plan and represented in National Marine Plan interactive alongside existing protected areas.

More information can be found on the JNCC website and the Scottish Government.

The Marine & Coastal Access Act 2009 includes provisions enabling Ministers to designate and protect a new type of marine protected area, to be called Marine Conservation Zones (MCZ). MCZs will exist alongside European marine sites (SACs and SPAs), to form a marine protected areas network. Existing Marine Nature Reserves at Lundy and Skomer will be converted into MCZs.

More information can be found on the DEFRA website.

In Scottish internal and territorial waters, the Marine (Scotland) Act 2010 has similar provisions for the creation of Marine Protection Areas (MPAs). The Marine & Coastal Access Act 2009 also makes provision for executive devolution to the Scottish Ministers of certain additional functions including nature conservation and enforcement. This will result in the Scottish Ministers becoming the lead competent authority for most marine nature conservation functions across both territorial and offshore waters around Scotland. It will ensure that a single authority has primary responsibility thereby facilitating a more integrated approach. Powers devolved to the Scottish Ministers include licensing of activities that would otherwise constitute an office under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended) with the exception of oil and gas activities which remains with DECC.

DECC as regulator for the oil and gas industry has commissioned a major research project, part of which will look at all noise sources from offshore oil and gas activities and rank them according to their level of environmental concern. When complete, the Department, in co-operation with its statutory nature conservation adviser, the JNCC will use the report to inform the further development of its mitigation and management regime for oil and gas environmental noise. Until this information is available, the Department and the JNCC will continue to focus on those activities that it considers may have effects on marine mammals.