Environmental Legislation Website This Page Last Updated 19 October, 2009

Navigational Interference - Pipelines

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Legislation Back to Top
Key Legislation

Under Section 14 of the Act, no person shall construct or use a pipeline without the prior authorisation of the Secretary of State. Any authorisation may contain such terms as the Secretary of State thinks appropriate, including steps to be taken to avoid or reduce interference by the pipeline with fishing or with other activities.

Section 34 is still in force (and extended by the Continental Shelf Act 1964) and provides that where obstruction or danger to navigation is likely to result, the prior consent of the Secretary of State is required for the siting of a drilling or production installation or a pipeline, in any part of a designated area of the UKCS. Such consents may be issued subject to conditions the Secretary of State feels appropriate.

Supporting legislation
Guidance Notes
Consent Needed and How to Obtain It Back to Top
Consent Needed Pipelines Work Authorisation. A Consent to Locate required under the Coast Protection Act 1949 is also issued with the Pipelines Work Authorisation.
How to Apply

A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations.

The same application process also includes consent to deposit materials on the seabed (DepCon) (see Pipeline Stabilisation).

Although some information may still be included in the PWA application, use and discharge of chemicals are now covered under the Offshore Chemicals Regulations 2002 and a separate permit is required (see Pipeline Chemicals).

A Public Notice must also be published. Information on the required contents can be found in Appendix D of the PWA Guidance.

Guidance notes on consent to locate under the Coast Protection Act 1949 is also available on the DECC website. Also see Navigational Interference - Installations for general information on CPA applications.

Who to Apply to DECC EDU OED (Environmental Management Team).
When to Apply

A minimum of 4 months before pipeline construction begins. Where there are no objections, it takes approximately four months from receipt of the application to issuing the authorisation. In the case of pipelines for which an Environmental Statement is required, the procedure may take longer (see EIA).

Note: Early consultation with fishing interests is recommended.

Performance Standards Back to Top
Dynamically Positioned Vessels

CPA consents to locate will not be required for activities involving the use of vessels maintained on station using dynamic positioning, where the vessel would be able to move off station in the event of a navigational emergency, and where the proposals will not involve any deposit or removal of materials from the seabed that would constitute a locus for application of the Coast Protection Act (CPA).

Further information available from CPA Guidance Notes for Vessels - Interim on DECC website
General

A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations.

Sampling/Monitoring Requirements Back to Top
 

None with respect to navigation/fishing interference.

Reporting Requirements Back to Top
What to Report

None with respect to navigation/fishing interference.

Non Compliance Back to Top
Non Compliance

It is an offence to contravene the requirements of the Petroleum Act 1998 or to knowingly make false statements. If any work is undertaken in contravention of the Pipeline Works Authorisation, DECC has powers to issue a notice for remediation or removal of the pipeline. 

Offshore Inspection The DECC Environmental Inspectorate Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Renewal and Variation Back to Top
Renewal DECC has powers to terminate a Pipeline Works Authorisation if the works have not commenced within 3 years of issue.
Pending Legislation Back to Top
  None at present.
Snippets Back to Top
 

None at present.

 

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