The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011

Amendment of the 2005 Regulations

4.  In regulation 2 (interpretation)—

(a) for the definition of “discharge” substitute—

““business day” means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971(1);

“discharge”, in relation to oil, means any intentional emission of the oil from an offshore installation into the relevant area;”;

(b) omit the definition of “emission”, and in its place insert—

““enforcement notice” means a notice served under regulation 13(1) or (1A);”;

(c) after the definition of “existing exemption”, insert—

““installation” includes any floating structure or device maintained on a station by whatever means;

“notice” means notice in writing;”;

(d) for the definition of “offshore installation”, substitute—

““offshore installation” means an installation or pipeline which is used for the purposes of, or in connection with, any activity in respect of which the Secretary of State exercises functions under the Petroleum Act 1998;”

(e) after the definition of “operator”, insert—

““permit” means an authorisation granted by the Secretary of State pursuant to these Regulations to discharge oil;”

(f) in the definition of “permit holder” omit “granted under these Regulations”;

(g) in the definition of “pollution”, for “relevant waters” substitute “the relevant area”;

(h) after the definition of “pollution”, insert—

““prohibition notice” means a notice served under regulation 14(1);

“release”, in relation to oil, means the emission (other than by way of discharge) of the oil from an offshore installation into the relevant area;”;

(i) omit the definition of “relevant waters” and in its place insert—

““relevant area” means that area (together with places above and below it) comprising—

(a)

those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;

(b)

the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters and Welsh controlled waters; and

(c)

those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(2);”; and

(j) after the definition of “Scottish controlled waters”, insert—

““Welsh controlled waters” means those parts of the territorial sea adjacent to Wales which are controlled waters within the meaning of section 104 of the Water Resources Act 1991(3).”

(1)

1971 c.80. Schedule 1 to the Act was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007. There are other amendments to the Act which are not relevant.

(2)

1964 c.29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c.23).

(3)

1991 c.57.