The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

UK Statutory Instrument 2001 No. 1754 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 8 May 2001
In force from: 31 May 2001
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Directive 92/43 of May 21, 1992 (O.J. 1992, L206/7) on the conservation of natural habitats and of wild fauna and flora and Council Directive 79/409 of April 2, 1979 (O.J. 1979, L103/1) on the conservation of wild birds, in relation to oil and gas activities carried out wholly or partly on the UK continental shelf. Regulations have already been made (the Conservation (Natural Habitats,&c) Regulations 1994, S.I. 1994/2716, amended by the Conservation (Natural Habitats,&c) (Amendment) Regulations 2000, S.I. 2000/192) which implement the Directive in relation to activities carried out onshore and in territorial waters. Regulation 2 deals with definitions. Regulation 3 requires the Secretary of State to exercise functions consistently with the requirements of the Directives. Regulation 4 requires consent to be obtained for certain geological surveys. Regulation 5 provides for appropriate assessment of the effects of certain oil and gas activities where the activity is likely to have a significant effect on a relevant site. Regulation 6 provides for derogation from regulation 5. Regulation 7 requires the Secretary of State to give directions in the circumstances set out, in order to avoid, reverse, reduce or eliminate adverse effects on relevant sites, or deterioration or disturbance of certain natural habitats or species. Regulations 8 and 9 confer a right to request a review of directions given under regulation 7 and a right of appeal to a court against any such direction. Regulations 10 to 12 provide for the protection of certain creatures, birds and plants. Regulation 13 makes provision to protect lawful activities. Regulations 14 and 15 provide for derogations from regulations 10 and 11. Regulations 16, 17 and 18 prohibit certain methods of capturing or killing in the circumstances set out in each regulation. Regulation 19 creates offences and provides for penalties. Regulations 20 and 21 deal with service of documents. These Regulations come into force on 31st May 2001. A regulatory impact assessment has been prepared and copies can be obtained from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel. 020 7215 5098). Copies have been placed in the Libraries of both Houses of Parliament.

Offences created by this instrument

A person is guilty of an offence if he— a without reasonable excuse fails to comply with a direction given in… regulation 19(1) · Status not determined · Strict liability
A person guilty of an offence under paragraph (1)(a) above shall on summary conviction be liable to a fine not… regulation 19(2) · Status not determined · Strict liability
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or… regulation 19(4) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Offshore Oil and Gas Licensing Round Commons · Written Statements · 4 February 2010 · The Parliamentary Under-Secretary of State for Energy and Climate Change (Mr. David Kidney)
My noble Friend the Minister of State, Lord Hunt, today made the following statement: I am pleased to inform the House that on 26 January 2010 we invited applications for petroleum licences for unlicensed seaward blocks which will form the 26th round of offshore petroleum licensing. These blocks are widely distributed on the UK continental shelf and fall within the areas covered by the strategic environmental assessments 1-8; a map of the SEA areas can be found at: www.offshore-sea.org.uk. A copy will also be placed in the Libraries of the House. DECC’s draft plan to offer licences for…
Energy: Oil and Gas Licences Lords · Written Statements · 4 February 2010 · The Minister of State, Department of Energy and Climate Change (Lord Hunt of Kings Heath)
I am pleased to inform the House that on 26 January 2010 we invited applications for petroleum licences for unlicensed seaward blocks which will form the 26th round of offshore petroleum licensing. These blocks are widely distributed on the UK Continental Shelf and fall within the areas covered by the Strategic Environmental Assessment (SEA) areas 1-8. (A map of the SEA areas can be found at www.offshore-sea.orq.uk.) A copy will also be placed in the Libraries of the House. DECC’s draft plan to offer licences for offshore oil and gas exploration and production through a 26th licensing round…
Offshore Oil and Gas Licensing Commons · Written Statements · 1 February 2012 · The Minister of State, Department of Energy and Climate Change (Charles Hendry)
I am pleased to inform the House that I am today inviting applications for petroleum licences for unlicensed seaward blocks which will form the 27th round of offshore petroleum licensing. Supporting around 350,000 jobs and spending around £14 billion a year, the UK oil and gas industry plays a vital role in the UK economy and in meeting our energy needs. Indigenous oil and gas production supplies the equivalent of about one half of the UK’s primary energy demand. It is vital that we continue to do all we can to maximise economic recovery of indigenous hydrocarbon reserves. The licensing of…
Oil and Gas Licensing Commons · Written Statements · 24 January 2014 · The Minister of State, Department of Energy and Climate Change (Michael Fallon)
I am pleased to inform the House that I am today inviting applications for petroleum licences for unlicensed seaward blocks, in the 28th new round of offshore petroleum licensing. The UK oil and gas sector plays a vital role in the UK economy, supporting around 350,000 jobs and with record capital expenditure in 2013 of around £14 billion, and in meeting our energy needs. Indigenous oil and gas production supplies the equivalent of about half of the UK’s primary energy demand. It is vital that we continue to do all we can to maximise economic recovery of indigenous hydrocarbon reserves. The…
European Union (Withdrawal) Bill Lords · Lords Chamber · 19 March 2018 · Baroness Ludford (LD)
My Lords, I support this excellent amendment, because it would create a duty to ensure that any governance or regulatory function currently exercised by an EU institution is transposed into UK law. It is not good enough to retain EU law that protects standards and protections if we lack the complementary functions of monitoring and measuring compliance with the requirements, of reporting on compliance, of enforcement, of setting standards and targets and of publicising information, all of which is cited in the amendment. These rights will be empty of meaning unless they are monitored and…
Draft Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 6 March 2019 · Dr Coffey
The Government have no intention of crashing out of anywhere. It is important to state that the statutory instrument is not directly related to fishing. I am aware of the issues, because I have signed legislation with regard to fisheries in the past 48 hours, when for a few short days we did not have a Minister. I am delighted that my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) is now in post. He was due to attend this Committee, before he was elevated. He has significant fishing interests in his constituency, and he will now be cracking on, I am sure. Part 5 of the…
Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 Lords · Grand Committee · 6 March 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, given the interconnections of the three instruments, I hope it will be helpful to your Lordships if I speak to all three together. The instruments before your Lordships make technical corrections to maintain the effectiveness and continuity of EU-derived legislation that would otherwise be left partially inoperable on exit. The conservation of habitats and species regulations extend in part to the UK and to England and Wales only. The Conservation (Natural Habitats etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Environment (Miscellaneous Amendments)…

How Parliament handled it

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