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NOT PROTECTIVELY MARKED Shipping, Pipelines and Shipping, Pipelines and the Oil Industry – the Oil Industry – Role of the SOSREP Role of the SOSREP Hugh Shaw Hugh Shaw The Secretary of State’s The Secretary of State’s Representative Representative Highlands & Islands Strategic Coordinating Group in association with Orkney Islands Council August 31, 2010

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Page 1: NOT PROTECTIVELY MARKED Shipping, Pipelines and the Oil Industry – Role of the SOSREP Hugh Shaw The Secretary of State’s Representative Highlands & Islands

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Shipping, Pipelines and the Shipping, Pipelines and the Oil Industry – Oil Industry –

Role of the SOSREPRole of the SOSREPHugh ShawHugh Shaw

The Secretary of State’s The Secretary of State’s RepresentativeRepresentativeHighlands & Islands Strategic Coordinating

Group in association with Orkney Islands Council

August 31, 2010

Page 2: NOT PROTECTIVELY MARKED Shipping, Pipelines and the Oil Industry – Role of the SOSREP Hugh Shaw The Secretary of State’s Representative Highlands & Islands

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The Way It Used To BeThe Way It Used To Be

March 1967March 1967

TORREY CANYONTORREY CANYON

97,000 tonnes spilled97,000 tonnes spilled

March 1967March 1967

TORREY CANYONTORREY CANYON

97,000 tonnes spilled97,000 tonnes spilled

January 1993

BRAER

86,300 tonnes spilled

January 1993

BRAER

86,300 tonnes spilled

February 1996

SEA EMPRESS

72,000 tonnes

spilled

February 1996

SEA EMPRESS

72,000 tonnes

spilled

Page 3: NOT PROTECTIVELY MARKED Shipping, Pipelines and the Oil Industry – Role of the SOSREP Hugh Shaw The Secretary of State’s Representative Highlands & Islands

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Lord Donaldson’s Review

1.The ‘Trigger’ point is when there is “a threat of significant pollution” to the UK’s pollution control zone, territorial waters or coastline;

2.Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty

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Lord Donaldson’s Review

3. MCA as a whole should play a much larger part in operations in in operations in response to a threat of significant response to a threat of significant pollution than has been the case in pollution than has been the case in the pastthe past ;

4. Involvement of Ministers in Operational decisions is not a practicable option……

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Lord Donaldson’s Lord Donaldson’s ReviewReview

Lord Donaldson’s Lord Donaldson’s ReviewReview

There should be ‘ultimate’ control of salvage by a

Secretary of State’s Representative acting in the

overriding public interest

- SOSREP -- SOSREP -

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Extract from RecommendationsExtract from Recommendations

► R3. Intervention PowersR3. Intervention PowersNCP amended to make it clear that SOSREP NCP amended to make it clear that SOSREP has the decisive voice in the decision-has the decisive voice in the decision-making process in a marine salvage making process in a marine salvage operation involving the threat of significant operation involving the threat of significant pollution. [MSA 2003 adds risk to safety].pollution. [MSA 2003 adds risk to safety].

By not issuing a direction the SOSREP is By not issuing a direction the SOSREP is adopting and approving the proposed adopting and approving the proposed course of action proposed by those dealing course of action proposed by those dealing with the incident. with the incident.

Page 7: NOT PROTECTIVELY MARKED Shipping, Pipelines and the Oil Industry – Role of the SOSREP Hugh Shaw The Secretary of State’s Representative Highlands & Islands

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Role of the SOSREPRole of the SOSREP

To represent the Secretary of State for Transport and the Secretary of State for the Department for Energy and Climate Change by removing or reducing the risk to persons, property and the UK environment arising from accidents involving ships, fixed or floating platforms or sub-sea infrastructure within UK waters, within the remainder of the UK Pollution Control Zone (UK PCZ) and on the UK Continental Shelf.[2003]

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The SOSREP FunctionThe SOSREP Function►One personOne person to act as representative to act as representative

of Secretary of State (s)of Secretary of State (s)► Free to act without recourse to Free to act without recourse to

higher authorityhigher authority►Ultimate & Decisive voiceUltimate & Decisive voice► Can exercise Ultimate controlCan exercise Ultimate control► Cannot choose to ignore a situationCannot choose to ignore a situation► Tacitly approves all actionsTacitly approves all actions►Whilst operations are in progress Whilst operations are in progress

““Must be “Backed or sacked” Must be “Backed or sacked”

Page 9: NOT PROTECTIVELY MARKED Shipping, Pipelines and the Oil Industry – Role of the SOSREP Hugh Shaw The Secretary of State’s Representative Highlands & Islands

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MCA CE & SOSREP MCA CE & SOSREP [Donaldson 1999][Donaldson 1999]

►MCA CE & Minister(s) must not MCA CE & Minister(s) must not interfere or give appearance of being interfere or give appearance of being in charge. in charge.

►SOSREP may be called upon to make SOSREP may be called upon to make extremely difficult and potentially extremely difficult and potentially controversial decisions and he will be controversial decisions and he will be unable to make these dispassionately unable to make these dispassionately if he is looking over his shoulder and if he is looking over his shoulder and guarding his backguarding his back

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Intervention PowersIntervention Powers

►Merchant Shipping Act 1995Merchant Shipping Act 1995►Amended by the Merchant Amended by the Merchant

Shipping & Maritime Security Act Shipping & Maritime Security Act 19971997

►Marine Safety Act 2003Marine Safety Act 2003►Dangerous Vessels Act 1985Dangerous Vessels Act 1985►The Offshore Installations [EPC] The Offshore Installations [EPC]

Regulations 2002Regulations 2002

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UK Pollution Control ZoneUK Pollution Control Zone

►Extends to 200 Extends to 200 nautical miles nautical miles from the from the coastline or to coastline or to the nearest the nearest median line with median line with neighbouring neighbouring coastal statescoastal states

►Continental Shelf Continental Shelf for Oil & Gas for Oil & Gas

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Dealing with an Incident Dealing with an Incident

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SOSREP Resilience TeamSOSREP Resilience Team

►SOSREP;SOSREP;►Deputy to the SOSREP – Jim Dickson, DECCDeputy to the SOSREP – Jim Dickson, DECC►MCA Director Scotland and Northern MCA Director Scotland and Northern

IrelandIreland►MCA Director West England & Wales MCA Director West England & Wales

►SOSREP Support Officer – MCA HQSOSREP Support Officer – MCA HQ

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SOSREP ResponsibilitiesSOSREP Responsibilities

► Monitor incident where is / or potential for risk Monitor incident where is / or potential for risk to safety and/or risk of significant pollutionto safety and/or risk of significant pollution

► Ensure all actions taken or being proposed Ensure all actions taken or being proposed are in interest of UK PLCare in interest of UK PLC

► Approve salvage plans/methodology where Approve salvage plans/methodology where applicable & sign completion noticeapplicable & sign completion notice

► Offer support to Gold Command for CT Offer support to Gold Command for CT incidentsincidents

► Intervene where necessaryIntervene where necessary► Establish OCU / SCU if requiredEstablish OCU / SCU if required

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Operations Control UnitOperations Control Unit

►Monitor operations & approve salvage Monitor operations & approve salvage

planplan

►Provide a forum for discussion between Provide a forum for discussion between

parties with interestsparties with interests

►Link to SCG / Resilience Forums via MCALink to SCG / Resilience Forums via MCA

►It is It is NOTNOT a committee a committee

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Operations Control Unit Operations Control Unit Core MembershipCore Membership

► SOSREPSOSREP► SOSREP AssistantSOSREP Assistant► Emergency Operations ManagerEmergency Operations Manager►Operators RepresentativeOperators Representative►DECC Strategic AdvisorDECC Strategic Advisor► Environment Group Liaison OfficerEnvironment Group Liaison Officer► SOSREP Specialist Advisor (s)SOSREP Specialist Advisor (s)►MCA Counter Pollution & Salvage OfficerMCA Counter Pollution & Salvage Officer►MCA Coastguard Liaison OfficerMCA Coastguard Liaison Officer

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Oil Spill Prevention and Oil Spill Prevention and Response Advisory Group Response Advisory Group

[OSPRAG][OSPRAG] ►The purpose of OSPRAG is to review the

sector’s offshore drilling practices in the UK continental shelf (UKCS) in light of the events in the Gulf of Mexico and assess the industry’s readiness to respond to a major event in this country.

►It is an ongoing process and you can find the most up-to-date information about its progress at www.oilandgasuk.co.uk/osprag

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Thank YouThank You

For further info contact: [email protected]