Environmental statement - Flyndre and Cawdor - Maersk Oil

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Territorial Waters Public Participation Environmental Liability Marine Management Pollution from Ships of MARPOL Territorial Sea Act 1987 Territorial Waters Order Control Oil Pollution Act 1974 Defines the territorial waters of the UK. Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation EC Directive 2003/35 on Public Participation The Public Participation Directive (PPD) was issued by the European Commission in order to provide members of the public with opportunities to participate on the permitting and ongoing regulation of certain categories of activities within Member States, including Environmental Impact Statements. EC Directive 2004/35 on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage Environmental Damage (Prevention and Remediation) Regulations 2009 (as amended 2010) The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 Environmental Liability (Scotland) Regulations 2009 EC Directive 2008/56 (the Marine Strategy Framework Directive) The Marine Strategy Regulations 2010 The Environmental Liability Directive enforces strict liability for prevention and remediation of environmental damage to ‘biodiversity’, water and land from specified activities and remediation of environmental damage for all other activities through fault or negligence. These regulations implement EC Directive 2004/35 on Environmental Liability, forcing polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster. The Regulations were previously amended in 2009 to include the seabed out to the limits of the continental shelf anywhere other than the seabed out to the limits of the renewable energy zone around England. The regulations were amended again in 2010 to provide for the devolution to the Scottish Ministers of certain of the Secretary of State’s functions with respect to preventing and remedying damage to marine nature conservation in the Scottish offshore region. However, the Secretary of State still enforces preventing and remedying damage caused by oil, gas and carbon dioxide storage activities and marine transport activities. The Marine Strategy Regulations 2010 transpose the requirements of the Marine Strategy Framework Directive into UK law. The Directive requires Member States to implement measures to achieve or maintain good environmental status of their marine environment by 2020. Specifically, the Directive requires Member States to create a strategy for the following: an initial assessment of the current environmental status of a Member State's marine waters by 2012 development of a set of characteristics which describe what “Good Environmental Status” means for those waters by 2012 establishment of targets and indicators designed to show the achievement of Good Environmental Status by 2012 establishment of a monitoring programme to measure progress toward achieving Good Environmental Status by 2014 establishment of a programme of measures designed to achieve or maintain Good Environmental Status (to be designed by 2015 and implemented by 2016). A ‐ 2 D/4114/2011
Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation Marine and Coastal Access Act 2009 Marine (Scotland) Act 2010 The Marine and Coastal Access Act (MCAA) came into force in November 2009. The Act covers all UK waters except Scottish internal and territorial waters which are covered by the Marine (Scotland) Act 2010 which mirrors the MCAA powers. The licensing provisions in relation to MCAA came into force on 1 st April 2011. MCAA will replace and merge the requirements of FEPA Part II (environment) and the Coastal Protection Act 1949 (navigation). The following activities are exempt from MCAA as they are controlled under different legislation: Activities associated with exploration or production / storage operations that are authorised under the Petroleum Act 1998 and Energy Act 2008 Additional activities authorised solely under the DECC environmental regime, such as chemical and oil discharges The offshore oil and gas activities that will require an MCAA licence are as follows: Deposits of substances or articles in the sea or on the seabed, e.g. pipeline crossing works prior to use of pipeline authorisation works (PWA) or related Direction, or deposit of materials associated with abandonment operations Removal of substances or articles from the seabed, e.g. pre‐sweep dredging with disposal of material at a remote location, or removal of seabed infrastructure during abandonment operations Disturbance of the seabed, e.g. pre‐sweep dredging using a levelling device or by side‐casting material, or disturbance of sediments or cuttings pile by water jetting during abandonment operations Installation of certain types of cable that cannot be covered by a PWA e.g. communication cables Deposit and use of explosives that cannot be covered under an application for a Direction, e.g. during abandonment operations Licences will be valid for a maximum period of one year however, applications for licence renewals can be made. D/4114/2011 A ‐ 3
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Environmental statement - Flyndre and Cawdor - Maersk Oil

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