Environmental statement - Flyndre and Cawdor - Maersk Oil

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Birds Cetaceans The Offshore Maine Conservation (Natural Habitats, &c) Regulations 2007 (as amended 2009 and 2010) (as amended by the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010) Offshore Petroleum (Conservation of Habitats) Regulations 2001 (as amended 2007) The Petroleum Act 1998 Convention on Wetland of International Importance Especially as Waterfowl Habitats 1971 (The Ramsar Convention) Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas 1991 (ASCOBANS) and 2008 amendments Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation environments. Since the Birds Directive first came into force in 1979, the UK government and Scottish Ministers (since devolution) have actively delivered this responsibility without a legislative requirement (153 SPAs have been classified in Scotland to date). In recent years, SPAs have been identified in accordance with agreed guidelines for the selection of SPAs which were published by the Joint Nature Conservation Committee (JNCC) in 1999. The amendments came into force on 6th April 2011. The Conservation of Species and Habitats Regulations 2010 also implement aspects of the Marine and Costal Access Act 2009 These regulations transpose the Habitats Directive and the Birds Directive into UK law in relation to oil, gas and, , under the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, CCS plans and projects in UK offshore waters (i.e. 12 nautical miles from the coast out to 200nm or to the limit of the UK Continental Shelf Designated Area). The 2010 Amended Regulations make various insertions for new enactments (e.g. amendments to the Birds Directive by EC Directive 2009/147) and also devolve certain powers to Scottish Ministers. The Offshore Petroleum (Conservation of Habitats) Regulations require consent to be obtained for geological surveys related to oil and gas activities undertaken on the UKCS. The 2007 amendments extend these provisions to UK waters (sea adjacent to UK from the low water mark up to the seaward limits of territorial waters), as well as requiring prior consent for the testing of equipment to be used in geological surveys. Regulation 5 of the 2001 Regulations requires the Secretary of State to consider whether an appropriate assessment should be undertaken prior to granting a licence under the Petroleum Act 1998, where the licence relates to an area wholly or partly on the UKCS. The amended Regulations extend this requirement to those licenses within UK waters. Licenses now extend to carbon sequestration activities in the UKCS as a result of the Energy Act 2008 (Consequential Modifications) Offshore Environmental Protection) Order 2010 The Ramsar convention aims to prevent encroachment or loss of wetlands on a worldwide scale, recognising the importance of a network of wetlands on waterfowl. It is applicable to marine areas to a depth of 6m at low tide and other areas greater then 6m depth that are recognised as important to waterfowl habitat. Requires governments to undertake habitat management, conduct surveys and research and to enforce legislation to protect small cetaceans. Originally ASCOBANS only covered the North and Baltic Seas, as of February 2008 the ASCOBANS area has been extended to include the North East Atlantic and Irish Sea. A ‐ 32 D/4114/2011
Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation Pending Legislation Issue Legislation Regulator and Requirements Emissions EU ETS Phase III (2013 – 2020) The aim of Phase III of the EU ETS will be to reduce EU emissions by 21% between 2005 and 2020. There will be no National Allocation Plans (NAPs) and allocations will managed centrally by the EU. Ozone depleting substances Environmental Liability The Climate Change Act 2008 Climate Change (Scotland) Act, 2009 Revision of the industrial emissions legislation in the EU EC Directive 2009/29 (which outlines Phase III) is being transposed into UK law, Stage 1 was completed by the end of 2009 and Stage 2 is scheduled for the end of 2012. The Climate Change Act intends to introduce powers to combat climate change by setting targets to reduce CO2 emissions by at least 60% by 2050 and an interim target of 26‐32% by 2020, against a 1990 baseline. Similarly, the Climate Change (Scotland) Act targets for an 80% reduction in CO2 emissions from 1990 levels by 2050 with an interim target of 42% by 2020. The Act also requires that the Scottish Ministers set annual targets, in secondary legislation, for Scottish emissions from 2010 to 2050. On the 21st December 2007 the Commission adopted a Proposal for a Directive on industrial emissions. The proposal recast seven existing Directives related to industrial emissions into a single legislative instrument. This recast includes, in particular, The IPPC Directive, and six “sectoral” Directives, namely the Large Combustion Plants Directive (EC Directive 2001/80), the Waste Incineration Directive (EC Directive 2000/76), the Solvents Emissions Directive (EC Directive 1999/13), and three Directives relating to the production of titanium dioxide (EC Directives 78/176, 82/883 and 92/112). Fluorinated GHGs By 4th July 2011, the EU will publish a report on the application of the F‐Gases Regulation, which may lead to proposals for revising elements of it. This guidance document will consequently be amended by DECC in line with any future EU proposals that are adopted and which may require enforcement offshore. EC Regulation No 1005/2009 (and 744/2010 amendments) on substances that deplete the ozone layer The Environmental Liability (Scotland) Regulations 2009 EC Regulation No 1005/2009 came into force in January 2010. It consolidates and replaces EC Regulation 2037/2000 as amended by introducing tighter controls on the use/reuse of certain controlled substances. However, in August 2010 EC Regulation 1005/2009 was amended by EC Regulation 744/2010. EC Regulation No 744/2010 extends the cut off date for the use of certain essential uses of halons in fire protection systems. Amendments to existing UK Regulations will be required to ensure all requirements under the new EC Regulations are captured. However, UK Statutory Instruments providing for EC Regulation 2037/2000 will continue to be in force until updates/amendments incorporating the new EC Regulations come into force EC Directive 2009/31 on the geological storage of carbon dioxide amends the following directives to include CCS: 85/337/EC 2000/60/EC 2001/80/EC 2004/35/EC 2006/12/EC D/4114/2011 A ‐ 33
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Environmental statement - Flyndre and Cawdor - Maersk Oil

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