Decommissioning in UKSC-Law, Study notes of Law

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3/7/25, 2:03 PM about:blank Decommissioning in UKSC Decommissioning in UKSC_ Decommissioning is the final stage of an energy project, after all the oil and gas has been extracted the platform has to be dismantled. The obligations of decommissioning are largely determined by international law (UNCLOS.) The UK Government has a duty to ensure the safe and appropriate removal of installations, but the responsibility for this has been transferred to oil companies under the Petroleum Act 1998. The abandonment of an installation can be more technically challenging than the construction of the installation, Important factors such as protecting the environment and taxation are crucial components to decommissioning, the process is expensive and highly technical but there is also a need to consider public interest. The United Nations Convention on the Continental Shelf 1958 This was the first international law providing for the removal of offshore installations. The Convention gave coastal states the exclusive rights to explore and exploit the oil and gas on the continental shelf in Article 2. Additionally, under Article 5(2) coastal states, are entitled to construct and maintain or operate on the continental shelf installations necessary for the exploration and exploitation of natural resources. The 1958 Convention explicitly states in Article 5(5) that abandoned installations must be entirely removed. This was difficult for the Uk to implement given that offshore installations were in deep water, compared to other countries who had installations in shallow waters. The UK considered it to be impossible to implement Article 5(5), the UK argued they would only remove installations that interfered with navigation, fishing or the conservation of living resources in the ocean. UNCLOS 1982 and the IMO Guidelines 1989 ‘The 1982 Convention on the Law of the Sea (UNCLOS) stipulated in Article 60(3) that any installations abandoned shall be removed to ensure safety of navigation which will have regard to fishing, the protection of marine life, and the rights/duties of other states. UNCLOS 1982 set out the UK’s international obligations in relation to decommissioning installations. The Intemational maritime Organisation produced guidelines adopted by the IMO Assembly in 1989 which said that abandoned installations in the continental shelf or EEZ had to bbe removed unless non removal or partial removal is consistent. The are guidelines and not legally binding, the IMO said member governments should regard these ‘guidelines when deciding the removal of installations. London Convention 1972 What happens to the installation after its removed and needs disposed of? The London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 divided waste into 3 categories, some wastes were prohibited from being dumped, other needed special permits, and others required general permits. Offshore 113.