This page contains information regarding the Annual Consents Exercise (“ACE”) in the following sections:
Overview
All production, flaring and venting, whether onshore, from facilities (previously referred to as Terminals) or from the UKCS requires consent from the NSTA, this extends to around 500 consents on an ongoing basis
Typically the Annual Consents Exercise (“ACE”) processes around 300 of these applications. The key elements of ACE are shown below:
ACE provides an efficient framework:
- to ensure that fields and facilities have the requisite consents in place; and
- where the NSTA can set parameters to enable operators to meet regulatory obligations, and other commitments such as the North Sea Transition Deal.
Applications are subject to review by the NSTA to ensure they are compliant with, among other things:
- The key elements of the Central Obligation of the Strategy – including to maximise economic recovery and reduce as far as reasonably practicable in the circumstances greenhouse gas emissions from sources such as flaring and venting.
- The DESNZ Environmental Impact Assessment (EIA) Regulations (2020), in particular the approval by the Secretary of State (“SoS”) of project activity as defined under the EIA Regulations.
- Industry commitments under the North Sea Transition Deal (“NSTD”). Industry has committed to eliminate routine flaring and to reduce overall emissions of greenhouse gases by 50% by 2030.
- The OGA plan to reduce greenhouse gas emissions in the UKCS
All applications are now to be submitted to the NSTA via the Field Consents System in the UK Energy Portal – this includes Facilities - submissions via the Consents Inbox will no longer be processed.
ACE Flare and Vent applications automatically request reporting from Sept 23 – Aug 24. Only include months that have complete data.
Use functionality to delete any months that you do not have completed date for at the time of submission.
Further details, support and guidance regarding the application process is set out below
Schedule and Webinar
In order to allow the NSTA to complete its consideration of the applications, the following dates have been set for their submission to the NSTA:
|
Date |
Required Action |
|---|---|
|
16 August 2024 |
Submission of new Production Consent applications for consents that expire on 31 December 2024. |
|
13 September 2024 |
Submission of new Flare and Vent Consent applications for consents that expire on 31 December 2024. |
|
15 November 2024 |
Final Submission of in-year revisions to current consents.
Applicants are advised to submit revisions at the earliest it becomes apparent a revision will be required.
Revisions submitted beyond this deadline may not have sufficient time for consideration.
|
Ahead of submissions applicants are advised to engage early with OPRED EMT to determine any requirements under the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020.
If you are unable to meet any of the above deadlines, please email consents@nstauthority.co.uk before the relevant deadline.
- Mark the email ”FAO: NSTA Consents & Authorisations Senior Case Manager – ACE Deadline”
- Set out the background and reasons you are unable to meet the deadline.
Operators are advised to have a minimum of two working contacts in the Field Consents System who can submit applications and respond to any questions raised as part of the NSTA review.
Should you require an account to be set up, you should follow the link to the Energy Portal here.
Presentation to Industry - new
Here is a link to a video on how to complete an application for a new Production consent in the Field Consents System.
Here is a link to a video on how to complete an application for a new Flare Consent in the Field Consents System.
The process to apply for a new Vent consent is exactly as above in the Flare tutorial.
Should you be required to submit in year revisions to your current consents or going forward, here is a link to a video on how to complete an application for a revised Production consent and here is a link on how to apply for a revised Vent consent.
The process to apply for a revised Flare consent is exactly as above in the Vent tutorial.
With regard to activity relating to offshore fields and supporting onshore facilities, the NSTA has set out Flaring and Venting Guidance (“Guidance”) which reflects the inclusion of a range of net zero obligations in the OGA Strategy (“Strategy”).
For example, the Central Obligation of the Strategy requires, amongst other things, that relevant persons, in taking steps necessary to ensure that the maximum value of economically recoverable petroleum is recovered from the strata beneath relevant UK waters, take appropriate steps to assist the Secretary of State in meeting the net zero target including by reducing, as far as reasonable in the circumstances, greenhouse gas emissions from sources such as flaring and venting.
The Supporting Obligation in the Strategy regarding Collaboration also requires that relevant persons must co-operate with the NSTA.
The Guidance sets out that the NSTA will drive for reductions in flaring and venting and associated emissions via:
- Principles: the principles that the NSTA expects industry to follow in relation to flaring and venting
- Regulatory approach: the NSTA will use its consenting regime to drive continuous reduction, and where possible, elimination of flaring and venting
- Stewardship: the NSTA will engage with operators regularly to encourage continued reductions in flaring and venting as part of Flaring and Venting Management Plans and Greenhouse Gas Emissions Reduction Action Plans (as described in Net Zero Stewardship Expectation 11), through short term operational optimisation as well as longer term investment plans to minimise or, where possible, eliminate the practice of flaring and venting
- Data: supported by updated industry reporting requirements, benchmarking of flaring and venting data, including through the NSTA’s annual flaring and venting benchmarking report and the monthly flaring and venting data published through the NSTA Open Data Portal.
In making applications for new field consents, Operators are expected to ensure submissions reflect the requirements of the Guidance and the expectations of SE11.
As a new requirement for this year, in line with the OGA plan for greenhouse gas emissions reduction in the UKCS all Operators should include evidence of their process for categorising flare and vent figures in their consent applications.
Failure to submit compliant applications by the requested deadlines, or to cooperate in a timely fashion with the NSTA’s review of the applications, may be regarded as a failure against the Petroleum-Related Requirement to act in accordance with the Strategy and may put at risk the timely approval of the consent.
To avoid a conflict between the requirements of the EIA Regulations and the approval of a Production field consent, any consents that include project activity as defined by the EIA Regulations must have SoS approval before the field consent may be approved.
This requirement exists whether or not there is an increase in the level of consent requested.
It is therefore vital that Operators are able to give a clear answer (‘Yes’ or ‘No’) to the following question in the consent application process:
Is this a "project" for the purposes of EIA Regulations 2020? (i.e. does the activity, in particular, involve the execution of construction works, other installations or schemes, or other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources, e.g., Drilling of a well, Well intervention works, Enhanced oil recovery).
It is the responsibility of the Operator to ensure that the relevant environmental submissions are made in sufficient time. Failure to take this action resulting in a consent without Secretary of State agreement, may result in the NSTA revoking the consent and an Operator having to reapply.
Operators are therefore encouraged to engage with the Environmental Management Team (EMT) at OPRED@Energysecurity.gov.uk.