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

Overview

Strategic Environmental Assessment () 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 process and legislative context

The process aims to help inform ministerial decisions through consideration of the environmental implications of the outcome of a proposed plan/programme. The Department for Business, Energy & Industrial Strategy () formerly , and (the department), as the principal environmental regulator of the offshore oil and gas industry, has taken a proactive stance on the use of 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 (the Regulations)), have been carried out since 1999 in accordance with its requirements.

The Regulations set 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 2009/147/EC 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.

The department undertook a sequence of oil and gas considering various areas of the ( areas 1-8), in addition to an for Round 2 wind leasing. The more recent offshore energy (, , and OESEA4) incorporated the entire (with the exception of Northern Ireland and Scottish territorial waters for renewable energy, and Scottish territorial waters for carbon dioxide transport and storage), for technologies including oil and gas exploration and production, gas storage and offloading including carbon dioxide transport and storage, renewable energy (including wind, wave and tidal power), and offshore hydrogen production and transport. A summary of the areas covered by previous , when they were undertaken and for which sectors, and an overview of each of the technologies covered by the latest offshore energy plan/programme is provided in the documents below.

SEA	Area	Sectors covered	Licensing/leasing round
1	The deep water area along the UK and Faroese boundary	Oil & Gas	19th Round (2001)
2	The central spine of the North Sea which contains the majority of existing UK oil and gas fields	Oil & Gas	20th Round (2002)
2 extension	Outer Moray Firth	Oil & Gas	20th Round (2002)
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)
4	The offshore areas to the north and west of Shetland and Orkney	Oil & Gas	22nd Round (2004)
5	Parts of the northern and central North Sea to the east of the Scottish mainland, Orkney and Shetland	Oil & Gas	23rd Round (2005)
6	Parts of the Irish Sea	Oil & Gas	24th Round (2006)
7	The offshore areas to the west of Scotland	Oil & Gas	25th Round (2008)
	UK offshore waters and territorial waters of England and Wales	Oil & Gas, Offshore wind	26th Round/Round 3 (2009)
	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)
	UK offshore waters and territorial waters of England and Wales	Oil & Gas, Offshore wind, wave and tidal, gas and carbon dioxide storage	29th Round (2016) Supplementary Round (2016) 30th Round (2017) 31st Round (2018) 31st Supplementary Round (2019) 32nd Round (2020)
OESEA4	UK offshore waters and territorial waters of England and Wales	Oil & Gas, Offshore wind, wave and tidal, gas and carbon dioxide storage, hydrogen production

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

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

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

Recommendations

A series of recommendations have been made in the previous offshore energy Environmental Reports on processes and conclusions, the natural and wider environment, and regulatory and other controls. A compilation of these recommendations and their current status (whether closed, in progress or still open) is available for download below.

Offshore Energy : the current

The Department conducted a Strategic Environmental Assessment (OESEA4) of a draft plan/programme to enable future renewable leasing for offshore wind, wave and tidal devices and licensing/leasing for seaward oil and gas rounds, hydrocarbon and carbon dioxide gas storage and offshore hydrogen production and transport. The scope of the draft plan/programme and approach to were subject to public consultation between 29 March and 7 May 2021. Public consultation on the OESEA4 Environmental Report took place between 17 March and 27 May 2022, and the plan/programme was adopted in September 2022. The renewable energy elements of the plan/programme cover parts of the UK Exclusive Economic Zone and the territorial waters of England and Wales (the Scottish Renewable Energy Zone and Scottish and Northern Irish waters within the 12 nautical mile territorial sea limit are not included in this part); for hydrocarbon gas and carbon dioxide storage it applies to the UK Exclusive Economic Zone and the territorial waters of England and Wales (with the exception of the territorial waters of Scotland for carbon dioxide storage); and for hydrocarbon exploration and production it applies to all UK waters.

Following the adoption of the plan, and as with previous , the Department intend to maintain an active research programme; identifying information gaps (some of which were outlined in the last set of 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 Steering Group and review of the information base for the , including the environmental baseline, other relevant plans and programmes, and policy and regulation.

Offshore Energy : research programme

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

A summary of recent research and its status is provided in the document below, and final reports (where published) are available for download. Completed studies relating to earlier are located on the British Geological Survey () archive or the research page for .

The authors and researchers involved in studies have been encouraged to submit papers for peer reviewed publication. A list of recent publications is given below.

Appropriate Assessment

Following announcement of a Seaward Licensing Round or following receipt of applications for licences made under each Seaward Licensing Round, a screening assessment is undertaken by the department to determine whether the award of any of the Blocks offered or applied for would be likely to lead to a significant effect on a relevant site, either individually or in combination with other plans or projects. Those sites and related Blocks for which a potential for likely significant effect is identified at the screening stage are subject to further assessment (Appropriate Assessment, ()) prior to the Oil & Gas Authority (OGA) making a decision on whether to grant licences. These assessments are undertaken to comply with obligations under the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (as amended).

The 32nd Seaward Licensing Round closed for applications on 12th November 2019. Applications were received covering 234 whole or part Blocks and of those, 82 Blocks were identified as requiring further assessment (Appropriate Assessment, ()) prior to the Oil & Gas Authority (OGA) making a decision on whether to grant licences. The assessments covering these Blocks have been documented in three draft regional reports covering areas of the West of Shetland, Central North Sea, and Southern North Sea, and were subject to public consultation.

The reports were revised as appropriate in light of comments received during the public consultation which ended on 7th April 2020.

The reports listed below document the further assessment undertaken in relation to Blocks subject to in the previous ten 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

29th seaward oil and gas licensing Round Appropriate Assessment

2016 Supplementary Licensing Round Appropriate Assessment

30th seaward oil and gas licensing Round Appropriate Assessment

31st seaward oil and gas licensing Round Appropriate Assessment

31st supplementary oil and gas licensing Round HRA screening (pdf)

32nd seaward oil and gas licensing Round Appropriate Assessment

How do you get involved?

Consultation

The 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 process are:

• Publication through the Department's offshore webpages
• 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 . 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 process includes a formal scoping step, the principal purposes of which are to:

• Promote stakeholder awareness of the 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

Stakeholder and other workshops

A number of workshops have been undertaken prior to each . These have included expert assessment workshops, which bring together the expertise of the Steering Group, the authors of underpinning technical reports, other users of the offshore area and the team to bear on the assessment process for the particular . Additionally, stakeholder workshops are held involving a wide variety of potential stakeholders, drawn from other government departments, local authorities, other industry bodies, academics and . The objectives of 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 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 process, and is document and included in an appendix to the environmental report.

Formal consultation

The environmental report is published for formal public consultation. The publication of the environmental report is advertised in the popular press and specialist journals. Copies of the report are made available free of charge as electronic copies which can be requested via email or downloaded directly from gov.uk, and as paper versions provided by post, provided that it is reasonably practicable to do so. Comments are invited by post or email.

Government Response

Following closure of the consultation period, the comments are given due consideration and a Government Response is then produced. The Government Response is published on the offshore consultation webpage. A compilation of the consultation comments is also published verbatim (according to the authors' wishes) on the offshore consultation webpage.

Adoption statement

Following publication of the post consultation report, a ministerial statement is made to confirm the outcome of the process (e.g. on adoption of the plan/programme, to proceed with further oil and gas licensing).

Please direct queries to the Environmental Policy Unit:

[email protected]
01224 254015

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