Environmental statement - Flyndre and Cawdor - Maersk Oil

Flyndre and Cawdor Environmental Statement
Section 1 Introduction
1.3. SCOPE OF THE ENVIRONMENTAL STATEMENT
The scope of the EA and resultant ES includes all activities associated with the Flyndre and Cawdor
development (Section 2.3).
1.4. LEGISLATIVE OVERVIEW
This section provides a brief overview of the current legislation. A full summary of applicable
legislation is included in Appendix A of the ES.
Current offshore environmental control has significantly developed over the past thirty years and is
continuing to evolve in response to increasing awareness of the potential environmental impacts.
Strands of both primary and secondary legislation, voluntary agreement and conditions in consents
granted under the petroleum licensing regime and international conventions have all contributed to
the current legislative requirements.
The main controls for new projects are EIAs, which became a legal requirement of offshore
developments in 1998. Current requirements are set out in the Offshore Petroleum Production and
Pipelines (Assessment of Environmental Effects Amendment) Regulations 2007 and accompanying
Guidance Notes for Industry (DECC, 2009).
The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects Amendment)
Regulations 1999 (as amended 2007 and 2010), hereafter referred to as ES Regulations, require an ES
to be submitted and prepared for;
developments (or increase in production) which will produce 500 te or more per day of oil, or
500,000 m 3 or more per day of gas
pipelines of 800 mm diameter and 40 km or more in length.
In addition, ESs may be required for developments which are:
less than 40 km from the UK coast line
within or less than 10 km from a Special Protected Area (SPA) or Special Area of Conservation
(SAC)
where designated archaeological features are present and may be damaged or disturbed
areas which are subject to high seasonal environmental sensitivities and/or within herring or
sandeel spawning grounds or important fisheries
may significantly impact other users of the sea
within 10 km of international boundaries where other member states may request to
participate in the procedure.
Following the submission of the ES a period of formal public consultation is required under both the
ES Regulations and European Directive 2003/35/EC (Public Participation Directive).
The EIA needs to consider the impact on the surrounding environment including any protected areas.
These protected areas have been developed as a result of European Directives, in particular the EU
Habitats Directive 92/43/EEC and the EU Birds Directive 79/409/EEC which have been enacted in the
UK by the following legislation:
The Conservation (Natural Habitats &c) Regulations 1994 (as amended): These regulations
transpose the Habitats and Birds Directives into UK law. They apply to land and to territorial
waters out to 12 nm from the coast and have been subsequently amended several times.
The Conservation of Habitats and Species Regulations 2010: The Conservation of Habitats
and Species Regulations 2010 consolidate all the various amendments made to the
D/4114/2011 1 ‐ 3