The Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012

• Citation: S.I. 2012/949
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012.

(2) They come into force on 20th April 2012.

(3) In these Regulations a reference to a section by number alone is to that section of the Petroleum Act 1998.

(4) In these Regulations—

“abandonment programme” has the meaning given by section 29(1);

“carbon capture and storage pipeline” means a submarine pipeline—

which is used for the purposes of an activity mentioned in section 17(2)(a), (b) or (c) of the Energy Act 2008 ; or

which is not being used for any purpose but which is intended to be used for the purposes of such an activity;

“carbon storage installation” has the meaning given by section 30(5) of the Energy Act 2008;

“proposal to revise an abandonment programme” means a proposal of any of the kinds referred to in section 34(1);

“section 29 fee” means a fee payable under section 29(5) by a person who submits an abandonment programme to the Secretary of State;

“section 34 fee” means a fee payable under section 34(4) by a person who gives notice of a proposal to revise an abandonment programme.

Section 2 Application

These Regulations apply in relation to any abandonment programme or proposal to revise an abandonment programme, except for such a programme or proposal which relates solely to—

(a) a carbon storage installation; or

(b) a carbon capture and storage pipeline.

Section 3 Request to the Secretary of State to determine a fee

(1) Before a person (“X”)—

(a) submits an abandonment programme; or

(b) gives notice of a proposal to revise an abandonment programme,

X must make a request to the Secretary of State to determine a section 29 fee or a section 34 fee.

(2) A request under paragraph (1) must be in writing and include a draft of the abandonment programme or proposal which X proposes to submit, containing sufficient information to enable the Secretary of State to determine the fee payable.

(3) The Secretary of State must as soon as practicable after receiving the request—

(a) determine the section 29 fee or the section 34 fee in accordance with regulation 4; and

(b) notify X in writing of the determination.

Section 4 Calculation of fee

(1) A section 29 fee or section 34 fee is—

A x B

where—

A is the number of days which the Secretary of State estimates will be required to consider an abandonment programme, or proposal to revise an abandonment programme; and

B is the daily rate multiplied by the number of officers which the Secretary of State estimates will be required to consider the abandonment programme, or proposal to revise an abandonment programme.

(2) In this regulation—

“daily rate” means £300;

“officer” means a person engaged on behalf of the Secretary of State in carrying out any of the functions for which the fees are payable.