Guidance

Oil and Gas: fees and charges

Regulations and guidance on fees and charging for environmental and other regulatory functions for offshore oil and gas exploration and production, offshore gas unloading and storage and offshore carbon dioxide storage activities.

Charging for environmental and other regulatory functions

The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) carries out environmental and other regulatory functions in relation to the offshore oil and gas industry, and the offshore gas and carbon dioxide storage industries.

The powers to charge fees are contained in a mixture of charging schemes made under relevant legislation (the Offshore Chemical Regulations 2002 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005), provisions in activity-specific legislation (for EIA-related activities under the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999) or provisions in fees-specific legislation (for Oil Pollution Emergency Plans (OPEPs) under the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015).

The main fees-specific legislation, the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (the ‘2015 Regulations’), was amended in 2016, 2017 and 2018.

The time taken to undertake chargeable functions is recorded, and the fees are calculated by reference to 2 hourly rates – one rate for the specialist staff and one rate for the non-specialist staff who support the specialist staff.

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 came into force on 22 July 2015, and introduced new fees for functions relating to:

  • the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998
  • the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999
  • the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
  • regulation 49 of the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007 (now replaced by regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017)
  • marine licences determined by OPRED under section 71 of the Marine and Coastal Access Act 2009
  • the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
  • the Fluorinated Greenhouse Gases Regulations 2015

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016 came into force on 1 June 2016 and amended the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 and amended the fee charging provisions of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 and the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001. These 2016 Regulations made changes relating to fees under:

  • the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998
  • the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999
  • the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
  • regulation 49 of the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007 (now replaced by regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017)
  • the Fluorinated Greenhouse Gases Regulations 2015.

To coincide with these amended fee arrangements, the department also revised the existing charging schemes for the Offshore Chemicals Regulations 2002, the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013, to align the charges relating to those schemes with the amended charges detailed in the new Regulations.

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No.2) Regulations 2016

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016 came into force on 1 December 2016 and amended the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 and amended the fee charging provisions of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 and related provisions of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010. These 2016 Regulations introduced new / amended fee provisions for functions relating to:

  • part 4A of the Energy Act 2008 (consents to locate)
  • part 4 of the Marine and Coastal Access Act 2009 (marine licensing)
  • the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001(fees for appropriate assessments for Petroleum Act licence decisions)
  • the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 (fees for appropriate assessments for Energy Act licence decisions and related consents)

The Pollution Prevention and Control (Fees) Miscellaneous Amendments) Regulations 2017

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 amend the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, the Offshore Chemical Regulations 2002, the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015. The new Regulations came into force on 6 April 2017, and introduced new / amended fee provisions for functions relating to:

  • various EU Fluorinated Gas Regulations
  • the Offshore Chemicals Regulations 2002
  • the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
  • the Energy Savings Opportunity Scheme Regulations 2014
  • the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015

The charging schemes for the Offshore Chemical Regulations 2002 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 were also updated.

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018 included, at regulation 10, minor amendments to the 2015 Regulations to deal with cross-references which needed updating.

Regulations

Guidance

Charging schemes

The latest versions of the charging schemes for the Offshore Chemicals Regulations 2002, the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 can be found using the following links:

Published 12 October 2018