Summary of the main consents required for the laying of a cable across the UKCS (offshore)

While the authorisations required for laying pipelines across the North Sea are well known (see the DTI's Interim Guidelines dated June 2000 which are available on the DTI's oil and gas website), the steps involved in the laying of cables are perhaps less well known.

However, with the birth of the digital age it is likely that we are going to see an increase in the network of cables already spanning the UKCS.

Pipeline Works Authorisation
Many of the consents required when laying a pipeline are also of relevance when cable laying, however, the main difference between the two is that cables are not covered by the authorisation requirements in the Petroleum Act 1998, since a cable is not considered to be a "pipe or system of pipes…for the conveyance of any thing" or "apparatus associated with such a pipe or system". Therefore, it is not necessary to apply for a Pipeline Works Authorisation from the DTI when laying a cable.

However, other consents are required, and a brief summary of the main requirements follows:

Crown Estate Commissioners' Consent
The Crown has rights in the territorial sea and so the consent of the Crown (obtained through the Crown Estate Commissioners) is required before a cable can be placed on the seabed (Crown Estate Act 1961).

Generally, provided that all other required consents are obtained, the Crown Estate will not object to the proposed works. An annual rental for the use of the seabed will be charged, calculated by an independent assessor and updated in line with the Retail Price Index. The rent charged can be substantial and should not be ignored when calculating the proposed costs of installing a cable system.

The Crown Estate
(English Waters)
16 Carlton House Terrace
London SW1Y 5AH

The Crown Estate
(Scottish Waters)
10 Charlotte Street
Edinburgh EH2 4DR

DETR/Scottish Executive Consent
These bodies derive their rights from the Coast Protection Act 1949 which provides that the consent of the Secretary of State is required for works which may, or shall, obstruct shipping.

The DETR is concerned with cables with a landfall in England and the Scottish Executive deal with cables in the Scottish sector.

These bodies act on behalf of the relevant Secretary of State. They will consult with various interested third parties such as Harbour Authorities and the Maritime and Coastguard Agency and any approval given may be conditional.

Department of Transport, Environment and the Regions Ports Division
Room 1/27
Great Minster House
76 Marsham Street
London SW1P 4DR

Scottish Executive Rural Affairs Department
Marine Environment Branch
Pentland House
47 Robb's Loan
Edinburgh EH14 1TY

Food and Environment Protection Act 1985
This statute comes into play where substances and articles are to be deposited in the sea, and so is relevant to cable laying where mattresses are to be used to support the cable over pipeline crossings and where rocks are to be dumped once the crossings are complete.

Applications for licences to deposit materials under the Act should be made to MAFF for the English sector and the Scottish Executive Marine Laboratory for Scotland.

Expect to pay a licence fee. The subsequent granting of a licence may be conditional on the removal of the materials deposited should they become a potential or actual hazard to other seabed users.

Ministry of Agriculture, Fisheries and Food
Environmental Protection Division
Marine Resources and Licensing Branch
Nobel House
17 Smith Square
London SW1P 3JR

Scottish Executive Rural Affairs Department
Marine Laboratory
P.O. Box 101
Victoria Road
Aberdeen AB9 8DB

Onshore
As well as the above, planning consents and easements (servitudes in Scotland) may be required for that part of the cable running across land.

Consultation
Consultation with fishing organisations, particularly where materials are to be deposited on the seabed, is useful, as is consultation with the licensees of blocks which will be crossed by the cable, as they can advise on any subsea installations or proposed works which may lie along the intended route. It is not necessary to gain the consent of the licensees to the crossing of their licensed area, but by keeping them fully informed, the cable owner will ensure that it does not sterilise a potential drillsite by laying the cable over it, and can also refute any claim that the licensees were not aware of the existence of the cable, should their works damage it in the future.

As with the crossing of licensed areas, there is no legal requirement that the consent of pipeline owners be obtained to a crossing of the pipeline by the cable. However, it is advisable to enter into crossing agreements to establish a liability regime. UKOOA is in the process of drafting a standard crossing agreement which, although not in final form, sets out the provisions which the industry expects to see in such an agreement.

After the cable has been laid
Once the cable laying is complete, the cable's position should be accurately charted on Admiralty maps, and advised to all relevant parties (e.g. licensees whose licensed area is being crossed).

Cable and Wireless Global Marine in Chelmsford maintains a database of information on North Sea cables, including details on the location of cables.

Once the cable has been laid, it is protected by the Submarine Telegraph Act 1885 under which it is an offence to wilfully or by culpable negligence, break or injure a submarine cable in such a manner as might interrupt or obstruct telegraphic or telephonic communication. The normal rules of tort (or, in Scotland, delict) will also apply.

For further information please contact: Penelope Warne (penelope.warne@cms-cmck.com), Robert Palmer (robert.palmer@cms-cmck.com) or Lorna Ingram (lorna.ingram@cms-cmck.com).