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 (e.g. the Offshore Chemical Regulations 2002 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005);
• provisions in activity-specific legislation (e.g. for EIA-related activities under the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020); or
• provisions in fees-specific legislation (e.g. 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’), have been amended several times, most recently in June 2022.

The time taken to undertake chargeable functions is recorded, and the fees are calculated by reference to 2 hourly rates – one rate for the environmental specialist staff and one rate for the non-specialist staff. Environmental specialists are technical staff who carry out the relevant functions of the Secretary of State and non-specialists are administrative 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 (now replaced by the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020)
• 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 (now replaced by the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020)
• 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.

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2019

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2019 came into force on 1 April 2019 and amended the fee charging provisions of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999, the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015. These 2019 Regulations made changes 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 (now replaced by the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020)
• The Offshore Petroleum Activities (conservation of Habitats) Regulations 2001
• Part 4A of the Energy Act 2008 (consents to locate)
• Part 4 of the Marine and Coastal Access Act 2009 (marine licensing)
• The Energy Savings Opportunity Scheme Regulations 2014
• The Offshore Installations (Offshore Safety Directive (Safety Case etc.) Regulations 2015
• The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015
• Various EU Fluorinated Gas Regulations and the Fluorinated Greenhouse Gases Regulations 2015
• Regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.

To coincide with these amended fee arrangements, 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, were revised to align the charges relating to those schemes with the amended charges detailed in the new Regulations. The revised charging scheme for the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 also included amendments to the fee provisions provided for in the Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018.

The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendment) Regulations 2020

The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 come into force on 1 April 2020 and amend the fee charging provisions of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (now replaced by the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020), the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015. These 2020 Regulations make changes 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
• Part 4A of the Energy Act 2008 (consents to locate)
• Part 4 of the Marine and Coastal Access Act 2009 (marine licensing)
• The Energy Savings Opportunity Scheme Regulations 2014
• The Offshore Installations (Offshore Safety Directive (Safety Case etc.) Regulations 2015
• The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015
• Various EU Fluorinated Gas Regulations and the Fluorinated Greenhouse Gases Regulations 2015
• Regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.

To coincide with these amended fee arrangements, the department has 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. These revised charging schemes come into effect on 1 April 2020.

The Pollution Prevention and Control (Fees) (Miscellaneous Amendment) Regulations 2021

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2021 come into force on 1 July 2021 and amend the fee charging provisions of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 and the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020. These 2021 Regulations make changes to fees under:

• The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998
• The Offshore Petroleum Activities (conservation of Habitats) Regulations 2001
• Part 4A of the Energy Act 2008 (consents to locate)
• Part 4 of the Marine and Coastal Access Act 2009 (marine licensing)
• The Energy Savings Opportunity Scheme Regulations 2014
• The Offshore Installations (Offshore Safety Directive (Safety Case etc.) Regulations 2015
• The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015
• Various EU Fluorinated Gas Regulations (which are now retained EU law) and the Fluorinated Greenhouse Gases Regulations 2015
• Regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017

To coincide with these amended fee arrangements, the department has 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, the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 and the Greenhouse Gas Emissions Trading Scheme Order 2020, to align the charges relating to those schemes with the amended charges detailed in the new Regulations. These revised charging schemes came into effect on 23 June 2021.

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2022

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2022 came into force on 17 June 2022 and amend the fee charging provisions of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 and the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020. These 2022 Regulations make changes to fees under:

• The Merchant Shipping (Oil Pollution Preparedness,Prepareness, Response and Co-operation Convention Regulations 1998
• The Offshore Petroleum Activities (conservation of Habitats) Regulations 2001
• Part 4A of the Energy Act 2008 (consents to locate)
• Part 4 of the Marine and Coastal Access Act 2009 (marine licensing)
• The Energy Savings Opportunity Scheme Regulations 2014
• The Offshore Installations (Offshore Safety Directive (Safety Case etc.) Regulations 2015
• The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015
• Various EU Fluorinated Gas Regulations (which are now retained EU law) and the Fluorinated Greenhouse Gases Regulations 2015
• Regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.

To coincide with these amended fee arrangements, the department has 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, the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 and the Greenhouse Gas Emissions Trading Scheme Order 2020, to align the charges relating to those schemes with the amended charges detailed in the new Regulations. These revised charging schemes came into effect on 17 June 2022.

Regulations

• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No.2) Regulations 2016
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017
• 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 2019
• The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2021
• The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2022

Non-Statutory Post Implementation Review of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

• Please Post seeImplementation previousReview feeof the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations here2015 (PDF, 224 KB, 26 pages)

Guidance

• Cost Recovery for offshore functions - A guide (PDF, 168 KB, 19 pages)

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 and the Greenhouse Gas Emissions Trading Scheme Order 2020 can be found using the following links:

• Offshore Chemical Regulations 2002 Charging Scheme (PDF, 127 KB, 10 pages)
• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 Charging Scheme (PDF, 130 KB, 10 pages)
• The Greenhouse Gas Emissions Trading Scheme Regulations 2012 Charging Scheme (PDF, 127 KB, 9 pages)
• Offshore Combustion Installations Regulations 2013 Charging Scheme (PDF, 129 KB, 10 pages)
• Greenhouse Gas Emissions Trading Scheme Order 2020 Charging Scheme (PDF, 170 KB, 11 pages)

Non-Statutory Post Implementation Review of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

• Post Implementation Review of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (PDF, 224 KB, 26 pages)