Department of Trade & Industry
Licensing and Consents Unit
Offshore Environment and Decommissioning
Environmental Management Team
Atholl House
86-88 Guild Street
Aberdeen AB11 6AR
Tel:
01224 254054 / 254102
Email:
environmentalmanagementteam@dti.gsi.gov.uk
Website: http://www.og.dti.gov.uk/environment/index.htm
FOOD AND ENVIRONMENT PROTECTION ACT (FEPA) 1985
PART II DEPOSITS IN THE SEA (AS AMENDED)
EXPLANATORY NOTES FOR APPLICATIONS TO DISPOSE BY MEANS OF
SEABED INJECTION OF MATERIAL ARISING FROM OFFSHORE HYDROCARBON
EXPLORATION AND PRODUCTION OPERATIONS
OFF-SITE INJECTION OF DRILL CUTTINGS AND ASSOCIATED DRILLING FLUIDS,
AND PRODUCED WATERS
The following notes should be read carefully before completing the application form for a
licence under the Food and Environment Protection Act (FEPA) 1985, Part II Deposits in
the Sea, for the disposal of drill cuttings and associated drilling fluids and produced
waters by seabed injection, except where the activities are covered by a relevant
exemption under the Deposits in the Sea (Exemptions) Order 1985.
Further information can be obtained at the website or email address above.
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Food and Environment Protection Act (FEPA) Part II
This Act has been amended by subsequent legislation. In particular by the Waste
Management Regulations 1994 and the Conservation (Natural Habitats &c.) Regulations
1994 - the latter placing a general requirement on all consenting authorities to consult
with the relevant conservation body over any operation that may have an impact on a
designated European conservation site.
Under FEPA Part II a licence is required for:
(i)
the disposal of waste at sea and beneath the seabed;
(ii)
the placement of material during construction and related activities; and
(iii)
the introduction of tracers and biocides and certain other activities in the marine
environment.
The 'sea' includes any area that is submerged at Mean High Water Spring tide (MHWS).
FEPA Part II licenses for offshore oil and gas related activities are issued by the
Secretary of State for the Department of Trade and Industry, for operations within
offshore waters adjacent to Scotland (i.e. excluding Scottish controlled waters); by the
Department for Environment, Food and Rural Affairs (DEFRA) for operations within
English waters; by the National Assembly of Wales for operations within Welsh waters;
by the Northern Ireland Environment and Heritage Service for operations within Northern
Irish waters; and by the Scottish Executive for operations within Scottish controlled
waters.
Applications for licences for operations within both English and Welsh waters are
administered on behalf of the licensing authorities by the Marine Consents and
Environment Unit (MCEU), Area 3a, Ergon House, Horseferry Road, London, SW1P
2AL, Tel: 0207 238 5869, Email: marine.consents@mceu.gsi.gov.uk. For further
information, or to make an application, please see www.mceu.gov.uk.
Applications that may have the potential to affect a designated European conservation
site will also be subject to the provisions of the Conservation (Natural Habitats &c.)
Regulations 1994 (including sites proposed for designation).
Further details of the geographical scope, the objectives of such controls, and the
activities to which they are applied, can be obtained from the relevant licensing authority.
If you are in any doubt about whether or not your proposed work requires a licence you
should contact DTI or the MCEU.
Application of FEPA Part II to Injection Operations
The onsite injection of operational wastes is specifically exempted from the requirement
to be the subject of a FEPA Part II licence, under section 15 of Schedule to The
Deposits in the Sea (Exemptions) Order 1985, SI No 1699. Section 15 of the Schedule
refers to the “deposit under the sea-bed on the site of drilling for, or production of, oil or
gas of any substance or article in the course or such drilling or production”.
Off-site injection does not qualify for the above exemption, as the deposits will not be
made on the site of drilling for, or production of, oil or gas. It is therefore necessary to
obtain a FEPA Part II licence.
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General Licensing Information
Applications normally take eight to ten weeks to process, but may take longer. If a
licence is required urgently, please include full details with your application. The
licensing authorities cannot guarantee to reach decisions in respect of an application by
a specific date and, whenever possible, applications should be made in good time to
allow the licensing authorities sufficient time to reach a licensing decision before the
proposed commencement date of the works.
Separate approvals for the proposed works may be required from the DTI, or from, other
bodies such as the Department for Transport (DfT) and the Crown Estate. It is the
responsibility of the applicant to obtain any other consents or licenses that may be
required. However, a Coast Protection Act will not normally be required from DfT for the
injection of drill cuttings and associated drilling fluids and/or produced water, providing
there is already an existing consent in place for the disposal installation. If there is not
an existing valid consent, you should contact DfT directly.
Charges For Processing An Application
A charge is levied for the processing of a FEPA Part II application. The charge covers
the processing of the application, including scientific assessment and sample analysis;
monitoring of the licensed operation and the enforcement of the conditions applied to the
consent.
A charge is also levied for an application to vary an existing licence.
Charges are reviewed annually and the current rate for the injection of drill cuttings and
associated drilling fluids and/or produced water is £1,490. The current rate for variations
is £68. In the case of applications submitted to DTI, you will be invoiced for the fee upon
receipt of your application. In the case of applications submitted to MCEU, the full
charge must be submitted (or paid by BACS) with the completed forms.
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Completing The DTI Application Form
The following numbered paragraphs correspond to the questions on the DTI application
form and are intended to assist applicants in completing the form. It is very difficult to
address every eventuality in these notes and, if further clarification is needed, please
telephone us on 01224 254054/254102 or email:
environmentalmanagementteam@dti.gsi.gov.uk
1
Applicant
This is the person, company or organisation making the application (must be an offshore
operator).
2
Producer
The person, company or organisation whose activities produce the material intended for
deposit beneath the seabed e.g. the licensed operator or the platform/rig operator.
3
Holder
The person, company or organisation who will be in possession of the waste prior to its
deposit beneath the seabed, e.g. those transporting the materials to the disposal site.
4
Agent
Any person, company or organisation involved in the works and having responsibility for
the control, management or deposit operations. They may be engaged to act under
contract or other agreement on behalf of any party listed in the answers to Sections 1-3.
5
Duration Of The Disposal Operation
Please provide dates indicating the expected duration of the injection operations. You
are reminded that DTI normally requires a minimum of eight (8) weeks to process an
application and, in the case of complex, sensitive or contentious projects, it may take
substantially longer. Where difficulties arise which suggest that we will be unable to
meet your target start date, we will advise you of the reasons and likely delay.
Licences for the injection of drill cuttings and/or produced water will normally be issued
for up to 10 years, after which you may apply for replacement license. The DTI will aim
to write 3 months prior to the expiry date of any licence to remind the licensee of the
expired date. However, responsibility for ensuring that they have a valid licence, and for
applying for a replacement licence, rests with the applicant/licensee.
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Method Statement For The Transport And Disposal Of The Material
The method statement must include details of the proposed timing of the disposal
operations; details of the proposed method of transfer of the material to the installation
undertaking the disposal operation (including details of any vessel to be used to transfer
the material to the disposal site); details of any pre-treatment prior to disposal; details of
the proposed disposal well including the DTI and WONS reference numbers; details of
any proposed monitoring of the disposal operations and disposal well (e.g. pressure
monitoring to detect leakage); and details of the proposed disposal route when the
injection facilities are not available. The method statement should also include a brief
assessment of the potential environmental impact of the transfer and disposal operations
(see also Section 12 below). A suitable scale annotated chart extract(s) should also be
provided, showing the location of the source platform(s) / rig(s) and the disposal
installation.
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7
Details Of The Source Of The Material And The Proposed Disposal Site
Please confirm the source of the material and the disposal site. Latitude and Longitude
co-ordinates should be provided, in degrees, minutes and seconds to two decimal
places.
8
Details Of The Material To Be Disposed Of
Information is required in respect of each of the sources listed in Section 7. The type of
material should be detailed in column 1; the maximum annual quantity scheduled for
disposal should be detailed in column 2; and the maximum quantity scheduled for
disposal during the period of licence validity should be detailed in Column 3. The
quantities should be given in metric tonnes.
9
Alternative Means Of Disposal
Section 8(2) of FEPA Part II requires the licensing authority to have regard to the
practical availability of alternatives to disposing of material at sea or under the seabed.
It is important that this Section is answered fully otherwise your form is liable to be
returned to you thereby delaying processing of the application. Available, and potential
alternative means of disposal should be investigated and costed. It is recognised that
some options would take a significant time to develop and this will be taken into account
when considering applications.
10
Consultation With Conservation Bodies
Details of any consultation that has taken place with JNCC or, in territorial waters,
Scottish Natural Heritage (SNH) should be included in your application. This may speed
up the processing of your application as DTI may wish to consult the relevant nature
conservation bodies.
11
Designated Conservation Area
Please indicate whether the source of the material, or the disposal site, falls within, or is
immediately adjacent to, the boundary of a designated, candidate or potential
conservation area.
12
Environmental Assessment
Please indicate whether any environmental assessment has been carried out in respect
of the proposed disposal operations. If an environmental assessment has been carried
out, a copy must be provided to support the application. If the activity has been included
in a related environmental assessment, the relevant DTI reference number(s) must be
provided so that copies can be made available if required. It should be noted that an
environmental assessment is not mandatory for off-site injection operations, and that in
the majority of cases an environmental assessment will be unnecessary. However,
there may be exceptions, for example if the production, transport or disposal of the
wastes will be undertaken in a particularly sensitive area, such as a designated,
candidate or potential conservation area.
If an environmental assessment has not been carried out in respect of the proposed
disposal operations, relevant information relating to this issue should be included in the
method statement for the transport and disposal of the material (see Section 6 above).
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Food and Environment Protection Act Public Register
The Deposits in the Sea (Public Registers of Information) Regulations 1996 require that
all information contained within or provided in support of an application for a licence will
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be accessible in the Public Register, unless the licensing authority approves the
applicant's reason(s) for seeking to withhold all or part of it.
If placing any, or all, of the details of this application and any subsequent licence on this
Register would, in your opinion, be contrary to the interests of national security or liable
to prejudice to an unreasonable degree your or some other person's interests, please
tick the appropriate box and provide a full justification.
If your case for withholding this information is accepted by the licensing authority, an
entry will be made on the Public Register to the effect that the application and/or licence
details have been withheld and on what basis.
The decision to support withholding information from the Register will be reviewed after
a period not exceeding four years from the date of the decision.
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Declaration and Attachments
Please ensure that you have:


Completed all sections of the application form;
Attached all the relevant documents required to support the application
Your application may be returned if you do not meet the above requirements
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