The Offshore Installations (Emergency Pollution Control) Regulations 2002

The following is a summary of a recent consultation paper published by the DTI, which impacts on the UK Offshore oil and gas industry.

The proposed Offshore Installations (Emergency Pollution Control) Regulations 2002 (the "regulations") are intended to provide safeguards in the event of actual or threatened pollution from offshore installations. The central element of the new regime is the appointment of a representative of the Secretary of State ("SOSREP") who would be responsible for monitoring incidents which may or will result in significant pollution. If he believes that an incident is being inappropriately dealt with he will have power to intervene to protect the marine environment. This proposed new role therefore impacts on the National Contingency Plan (which outlines the national response to a marine pollution incident) and individual Oil Spill Contingency Plans (which detail an operator’s responsibility in responding to incidents).

The proposed regulations will apply to offshore installations, which are defined as "any structure or thing in or under UKCS waters and territorial waters which is used for the purposes of, or in connection with the exploration, development or production of petroleum". The regulations will apply to mobile offshore installations including FPSOs and FSUs (where not covered by the Merchant Shipping Act 1995), fixed and subsea installations and pipelines.

The powers of the SOSREP under the regulations will be similar to those of the Secretary of State for Transport, Local Government and the Regions with regard to ships, under the current Merchant Shipping legislation. The regulations do not affect the operator’s responsibility to respond to pollution incidents, nor the availability of Government assistance should operators require it in handling an incident. However, under the regulations, the SOSREP would be able to intervene should he believe that the operator is failing or has failed to control an incident. Under the regulations, the SOSREP will be able to issue directions to the operator for the purpose of reducing or preventing pollution and has wide ranging powers including power to sink or destroy the installation, or part of it, and/or take control of the installation. Any person who contravenes or fails to comply with any requirement or direction given to him under the regulations is guilty of an offence and liable to an unlimited fine if proceedings on indictment are brought or an amount not exceeding £50,000 if summary proceedings are brought.

Individual Oil Spill Contingency Plans ("OSPCs") will continue to demonstrate the operator’s responsibilities in responding to all incidents. However, all OSPCs will need to be revised to reflect the involvement of the SOSREP in any incident. Operators will therefore need to submit an amendment to their existing OSPCs once these regulations come into force. The DTI proposes that this should be done on a "rolling basis" starting from June 2002.

Similarly, the Government’s National Contingency Plan may need to be re-drafted to more fully reflect the implementation of these regulations.

The consultation period with respect to these regulations ends on 7 January 2002 and they are due to be laid before Parliament on 28 January 2002, and to come into force in March 2002.

For further information please see http://www.og.dti.gov.uk/consultations/index.htm or contact Norman Wisely at [email protected] or by telephone on +44 (0) 1224 622002.