The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2025
The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2025 increase hourly rates for specialist and non-specialist officers involved in environmentally regulating the offshore oil and gas industry.
These fee increases, effective immediately, apply to several existing regulations governing offshore petroleum activities, licensing, and environmental impact assessments.
The changes aim to update existing fees to better reflect the cost of providing regulatory services.
Arguments For
Increased Revenue for Environmental Regulation: The fee increases generate additional funding for the environmental oversight of the offshore oil and gas sector, potentially enhancing regulatory capacity and enforcement.
Cost-Recovery for Regulatory Services: The amended fees aim to better reflect the actual cost of providing regulatory services, creating a more sustainable funding model for environmental protection.
Alignment with Inflationary Pressures: The adjustments in fees may be necessary to account for inflation and the rising costs associated with staffing, resources, and operations involved in environmental regulation.
Legal Basis and Parliamentary Approval: The regulations are explicitly based on existing legislative powers and have undergone parliamentary scrutiny and approval, indicating a degree of democratic accountability.
Arguments Against
Increased Burden on the Offshore Oil and Gas Industry: Higher fees could increase operational costs for companies in this sector, potentially affecting their competitiveness and profitability.
Potential for Regulatory Capture: The fee increase might incentivize overly stringent regulation to justify the increased budget, possibly hindering innovation and efficient operations within the industry.
Lack of Transparency in Fee Calculation: The rationale behind the specific fee increase amounts might need more explicit justification and transparency to ensure that they accurately reflect the increase in costs.
Potential for Regressive Impact: The increased costs may disproportionately affect smaller companies within the sector, and their competitiveness and survival.
- Citation, commencement and extent (1) These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2025. (2) These Regulations come into force on the day after the day on which they are made. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title of these regulations, their effective date (the day after enactment), and their geographical scope, covering the entire United Kingdom.
- Amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 In the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, in regulation 20A(2)— (a) for “£201” substitute “£210”; and (b) for “£104” substitute “£114”.
This section amends the 2001 Offshore Petroleum Activities (Conservation of Habitats) Regulations.
Specifically, it updates two fee amounts within regulation 20A(2): the hourly rate for specialist officers increases from £201 to £210, and the rate for non-specialist officers increases from £104 to £114.
- Amendments to the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 In the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, in regulation 13A(2)— (a) for “£201” substitute “£210”; and (b) for “£104” substitute “£114”.
This section mirrors the previous one, amending the 2015 Offshore Petroleum Licensing (Offshore Safety Directive) Regulations.
The same fee increases apply: specialist officers' hourly rate goes from £201 to £210, and non-specialist officers' from £104 to £114, both within regulation 13A(2).
- Amendment to the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 In the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015, in regulation 7(1)— (a) for “£201” substitute “£210”; and (b) for “£104” substitute “£114”.
Similar to sections 2 and 3, this section updates the 2015 Pollution Prevention and Control (Fees) regulations.
Regulation 7(1) is amended to increase the hourly rates for specialist officers from £201 to £210 and for non-specialist officers from £104 to £114.
- Amendment to the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 In the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020, in regulation 22(2)— (a) for “£201” substitute “£210”; and (b) for “£104” substitute “£114”.
This section amends the 2020 Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations.
The same fee adjustments apply: the hourly rate for specialist officers changes from £201 to £210, and that for non-specialist officers changes from £104 to £114; both within regulation 22(2).
Explanatory Note (This note is not part of the Regulations) These Regulations make provision to amend the fees charged in relation to activities carried out by the Secretary of State relating to the environmental regulation of the offshore oil and gas industry. Regulations 2 to 5 amend the hourly rates used to calculate fees charged under: (a) the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754): (b) the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (S.I. 2015/385); (c) the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431), which make provision for charging fees: (i) relating to certain activities under the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056), the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398) and the Fluorinated Greenhouse Gases Regulations 2015 (S.I. 2015/310); (ii) relating to certain licences under regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013); (iii) in connection with consents under section 82A of the Energy Act 2008 (2008 c. 32) and emergency safety notices under sections 82F and 82G(8) of that Act; (iv) in respect of monitoring compliance with the requirements of the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643); and (v) for applications for certain licences under section 71, and for stop notices and emergency safety notices under sections 102 to 105, of the Marine and Coastal Access Act 2009 (2009 c. 23); (d) the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497). The fees affected by regulations 2 to 5 are calculated by first determining the number of hours of work carried out by specialist and non-specialist officers and then multiplying those numbers by the relevant hourly rate. In each case these Regulations amend the hourly rate for specialist officers from £201 to £210 and for non-specialist officers from £104 to £114. A full impact assessment has not been produced for this instrument as no or no significant impact on the private, voluntary or public sectors is foreseen.
The explanatory note summarizes the regulations' purpose: to amend fees for the environmental regulation of the UK offshore oil and gas sector.
It outlines the specific regulations being changed (Regulations 2-5) and details the affected fee structure.
The note clarifies that the fee is calculated based on the number of hours worked by different officer types and specifies the updated hourly rates.
Finally, it states that a full impact assessment was deemed unnecessary due to the lack of anticipated significant impacts on any sector.