Regulation 16 Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010I1

The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010^f1 is amended as follows.

In article 3(3)(b) (modification of Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001), after “Secretary of State” insert “or the Oil and Gas Authority”.

After article 9 (Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005), insert—

“Review

9A.

(1)

The Secretary of State must from time to time—

(a)

carry out a review of articles 2, 3(1) to (5) and 9 of this Order;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

(2)

In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the following Directives, or articles of the Directives (which are implemented by means of articles 2, 3(1) to (5) and 9), are implemented in other member States—

(a)

the amendments to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment^f2 made by Article 31 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide^f3;

(b)

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora^f4, and

(c)

Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds^f5.

(3)

The report must in particular—

(a)

set out the objectives intended to be achieved by those articles;

(b)

assess the extent to which those objectives are achieved;

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4)

The first report under this article must be published before the end of the period of five years beginning with the day on which this article comes into force.

(5)

Subsequent reports under this article must be published at intervals not exceeding five years.”.