Oil and gas – guidance

Offshore Energy Strategic Environmental Assessment (SEA): An overview of the SEA process

An explanation of the offshore SEA process, including documentation of the most recent assessment and related consultation

Overview

Strategic Environmental Assessment (SEA) is the process of appraisal through which environmental protection and sustainable development may be considered, and factored into national and local decisions regarding Government (and other) plans and programmes – such as oil and gas licensing rounds and other offshore energy developments, including renewables and gas and carbon dioxide storage.

The SEA process and legislative context

The SEA process aims to help inform Ministerial decisions through consideration of the environmental implications of the outcome of a proposed plan/programme. The Department of Energy and Climate Change (DECC), as the principal regulator of the offshore oil and gas industry, has taken a proactive stance on the use of SEA as a means of striking a balance between promoting economic development of the UK’s offshore energy resources and effective environmental protection. Although the European Strategic Environmental Assessment Directive (Directive 2001/42/EC) was not incorporated into UK law until 2004 (The Environmental Assessment of Plans and Programmes Regulations 2004, and equivalent Regulations of the devolved administrations), SEAs have been carried out since 1999 in accordance with its requirements.

The SEA Directive sets out the information to be included in the environmental report of the Strategic Environmental Assessment, namely:

  • An outline of the contents, main objectives of the plan or programme and relationship with other relevant plans and programmes.
  • The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme.
  • The environmental characteristics of areas likely to be significantly affected.
  • Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC (the Birds and Habitats Directives).
  • The environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation.
  • The likely significant effects on the environment, including issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the inter-relationship between the above factors.
  • The measures envisaged to prevent, reduce and, as fully as possible, offset any significant adverse effects on the environment of implementing the plan or programme.
  • An outline of the reasons for selecting the alternatives dealt with and a description of how the assessment was undertaken, including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information.
  • A description of the measures envisaged concerning monitoring.
  • A non-technical summary of the information provided under the above headings.

These effects should include secondary, cumulative, synergistic, short, medium and long term, permanent and temporary, positive and negative effects.

DECC undertook a sequence of oil and gas SEAs considering various areas of the UKCS (SEA areas 1-8), in addition to an SEA for Round 2 wind leasing. The more recent offshore energy SEA (OESEA) and OESEA2 incorporated the entire UKCS (with the exception of Northern Ireland and Scottish territorial waters for renewable energy), for technologies including oil and gas exploration and production, gas storage and offloading including carbon dioxide transport and storage, and renewable energy (including wind, wave and tidal power). A summary of the areas covered by previous DECC SEAs, when they were undertaken and for which sectors, and an overview of each of the technologies covered by the latest DECC offshore energy plan/programme is provided in the documents below.

SEA Area Sectors covered Licensing/leasing round
SEA 1 The deep water area along the UK and Faroese boundary Oil & Gas 19th Round
(2001)
SEA 2 The central spine of the North Sea which contains the majority of existing UK oil and gas fields Oil & Gas 20th Round
(2002)
SEA 2 extension Outer Moray Firth Oil & Gas 20th Round
(2002)
SEA 3 The remaining parts of the southern North Sea Oil & Gas 21st Round
(2003)
R2 Three strategic regions off the coasts of England and Wales in relation to a second round of offshore wind leasing Offshore wind Round 2
(2003)
SEA 4 The offshore areas to the north and west of Shetland and Orkney Oil & Gas 22nd Round
(2004)
SEA 5 Parts of the northern and central North Sea to the east of the Scottish mainland, Orkney and Shetland Oil & Gas 23rd Round
(2005)
SEA 6 Parts of the Irish Sea Oil & Gas 24th Round
(2006)
SEA 7 The offshore areas to the west of Scotland Oil & Gas 25th Round
(2008)
OESEA UK offshore waters and territorial waters of England and Wales Oil & Gas, Offshore wind 26th Round/Round 3
(2009)
OESEA2 UK offshore waters and territorial waters of England and Wales Oil & Gas, Offshore wind, wave and tidal, gas and carbon dioxide storage 27th Round
(2011)
28th Round
(2014)

Previous offshore SEAs

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As these SEAs have been carried out, the process has evolved and been improved. The evolution and refinement of the process will continue. A required part of SEA is consultation with the public, environmental authorities and other bodies, together with such neighbouring states as may be potentially affected.

In conducting the SEA process, DECC is guided by the SEA Steering Group, composed of departmental representatives, conservation and other agencies, NGOs, industry representatives and independent experts. The diverse members’ role is to act as technical peers, guiding the selection of SEA methods and identifying the right information sources.

Completed studies relating to earlier SEAs are located on the British Geological Survey (BGS) SEA archive.

SEA Recommendations

Previous DTI/BERR (now DECC) oil and gas SEAs 1-7, the Round 2 wind SEA and more recent OESEAs have made a number of recommendations related to SEA processes and conclusions, the natural and wider environment, and regulatory and other controls. A list of these recommendations and their current status (whether closed, still in progress or still open) is presently being reviewed by the SEA steering group, and will be available for download shortly.

Offshore Energy SEA: the current SEA

The Environmental Report for the last SEA (OESEA2) was published in February 2011 with an indicative time horizon (i.e. period of currency) of 5 years. During this period, as with previous SEAs, DECC has maintained an active SEA research programme; identifying information gaps (some of which were outlined in the last set of SEA Recommendations), commissioning new research where appropriate, and promoting its wider dissemination through a series of research seminars. This has also involved continued engagement with the SEA Steering Group and review of the information base for the SEA, including the environmental baseline, other relevant plans and programmes, and policy and regulation. DECC are now undertaking a new SEA (OESEA3) with a view to publication of the Environmental Report in 2016.

The draft plan/programme to be covered by OESEA3 includes leasing/licensing for oil and gas exploration and production, gas storage (including for carbon dioxide) and offloading, and offshore renewables including for wind, wave and tidal energy. The SEA will cover relevant parts of UK waters for reserved matters.

A scoping document for OESEA3 was published on 31 July 2015 and is available for download below; the document includes the routes to make responses and the closing date. All feedback from the scoping consultation will be reviewed and, where appropriate, addressed in the Environmental Report. A report will be prepared of scoping feedback and a summary will be included as an Appendix to the Environmental Report.

Offshore Energy SEA 3 Scoping Report

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The full consultation process for the SEA is described below

Offshore Energy SEA: research programme

DECC has maintained an active SEA research programme; identifying information gaps (some of which are outlined in previous SEA Recommendations) and commissioning new research where appropriate. This has been part of DECC’s offshore SEA programme since 1999.

Summaries of projects which have recently been started or completed are given in the documents below, and final reports for completed projects are available for download.

Projects recently initiated

The eastern Scotland bottlenose dolphin population: Improving understanding of ecology outside the Moray Firth SAC to inform marine energy consenting decisions – Project Inception

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Measuring the interaction between marine features of Special Protection Areas with offshore wind farm development zones through telemetry – Project Inception

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Gannet flight behaviour – Project Inception

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Measuring fine scale marine mammal responses around an operational tidal turbine – Project Inception

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Cetacean behavioural responses to pile-driving noise – Project Inception

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Satellite tracking swan and goose migration in relation to wind farm sites: Phase 3 tagging of Bewick’s swans – Project Inception

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Projects recently completed

Foraging ranges of northern gannets Morus bassanus in relation to proposed offshore wind farms in the UK 2010-2012 – Completed Project

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Measuring the interaction between marine features of Special Protection Areas with offshore wind farm development sites through telemetry – Completed Project

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Seal distribution and ecology - Completed Project

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Sonar detection of marine mammals - Completed Project

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Satellite tracking swan and goose migration in relation to wind farm sites: Phase 2 trial of GPS-GSM loggers on whooper swans and geese – Completed Project

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Fish behaviour in the vicinity of renewable energy devices - Completed Project

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Completed studies relating to earlier SEAs are located on the British Geological Survey (BGS) SEA archive.

You may register with the DECC govdelivery service to be kept informed about new SEA consultations and publications.

Appropriate Assessment

Following receipt of applications for licenses made under each seaward oil and gas licensing Round, a screening assessment has been undertaken by DECC to determine whether the award of any of the Blocks applied for would be likely to have a significant effect on a relevant European conservation site, either individually or in combination with other plans or projects. This assessment is undertaken to comply with obligations under the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended). Following the initial screening assessment (including consultation with the statutory agencies/bodies), those blocks identified as requiring further assessment prior to decisions on whether to grant licences as subject Appropriate Assessment (AA). The reports listed below document the further assessment made in relation to Blocks subject to AA for the last three seaward licensing Rounds.

25th seaward oil and gas licensing Round Appropriate Assessment

26th seaward oil and gas licensing Round Appropriate Assessment

27th seaward oil and gas licensing Round Appropriate Assessment

28th seaward oil and gas licensing Round Appropriate Assessment

How do you get involved?

Consultation

The OESEA consultation process has been designed to be in keeping with the Cabinet Office guidance on Consultation Principles for engaging stakeholders when developing policy and legislation. The guidance does not have any statutory basis and therefore where there are mandatory consultation requirements set out in legislation, or other requirements which may affect a consultation such as confidentiality, these must be adhered to.

The main elements of public and stakeholder consultation and input to the offshore energy SEA process are:

  • Publication through the DECC offshore SEA webpages
    (register with the DECC govdelivery service to be kept informed about new SEA consultations)
  • Scoping
  • Stakeholder meetings and expert assessment workshops
  • A suitable public consultation period following publication of the Environmental Report
  • Post consultation report

Scoping

The objective of scoping is to identify the main issues of concern at an early stage so that they can be considered in appropriate detail in the SEA. Scoping also aids in the identification of information sources and data gaps that may need to be filled by studies or surveys to underpin the assessment. The SEA process includes a formal scoping step, the principal purposes of which are to:

  • Promote stakeholder awareness of the SEA initiative
  • Ensure access to all relevant environmental information
  • Identify opportunities for potential collaboration and the avoidance of duplication of effort
  • Identify information gaps so these could be evaluated and filled if necessary
  • Identify stakeholder issues and concerns which should be considered in the SEA

Stakeholder and other workshops

A number of workshops have previously been undertaken during each of the SEAs. These have included expert assessment workshops, which bring together the expertise of the SEA Steering Group, the authors of underpinning technical reports, other users of the offshore area and the SEA team to bear on the assessment process for the particular SEA, and a separate stakeholder dialogue workshop. This workshop involves a wide variety of potential stakeholders, drawn from UK and other regulators, government advisers, local authorities, other industry representatives, academics and NGOs. The objectives of SEA stakeholder workshops are to provide stakeholders with updates on:

  • UK offshore energy supply context
  • The outcome of scoping
  • How issues raised in scoping are being addressed in the SEA process and consultation document
  • The outcomes of the assessment workshop
  • Initial conclusions of the overall assessment

Stakeholder input and a summary of issues raised in the meeting is used to inform the SEA process, and is document and included in an appendix to the environmental report.

Formal consultation

The environmental report is published for a formal 90 day public consultation period. The environmental report is advertised in the popular press and specialist journals. Copies of the report are made available free of charge either as paper or electronic versions, and more recently are posted to relevant coastal libraries where they may be consulted. Comments are invited by post or e-mail.

Post consultation report

Once the consultation period has closed, comments are published verbatim (according to the authors’ wishes). A post consultation report is then produced for consideration by DECC in the licensing process. This report is also published on the offshore SEA consultation webpage and made available as a download.

Adoption statement

Following comments having been considered and responded provided to indicate how they have been considered in relation to the SEA and the plan/programme, a ministerial statement is made to confirm the outcome of the SEA process (e.g. on adoption of the plan/programme, to proceed with further oil and gas licensing).


Contacts:
Please direct queries to the Environmental Policy Unit:
oep@decc.gsi.gov.uk
01224 254015