Petroleum (Offshore Environmental Protection and Pollution Control) Regulations, 2016 (S.I. No. 39 of 2016)

2. Tnterpretation.......... .. ..... ......... ...... ..... ...... ....................... ... ........... ...... .......... ........ 3 PART J - ENVJRO~l\.'IENTAL AUTHORTSATTO~ 3. - - -- - - ------6 Envfron1nental authorisalion.... ...................... ........... ....... .,....... ..... .... ,... .. ............ 6

4. Application for an environmental authorisation .... ............................ ..... ... .... ...... 7

5. Consultation. ................. ...... ..... .......... .................................. ...... .... ............. 7

6. Approval and duration ofan enviroumcnlal auth urisation..... ............. ..... ..... .. ..... 8 l'AJH' 11 - E~ VIRONME~TALI\'IPACT ASSESSME~1' 8

7. Contents ofnn environ1nental impactasscssn1cnt.............. ....,... ... ,............. ,........ 8

8. Modification or changes to existing operations........................ .......... ... . 8 PART III - ENVIRON~ENTAL MA~AGKMENT 9

9. Environ111enlal management systems ....... ..... ......................... ... ... ... .. ...... ..... ....... 9

10. Req uirement for an environmental management plan ........ .. .......... .. ....... ........... .. 9

11. Contents of an environmental managerm:nl plan ..... ... .. ... ..... ..... ... ..... .. ... .. .......... . 9

12. Custody of an environmental management plan.. ..................... .... .................... .. l O

13. Modification or change to an environmenta l management plan....... .... ... ......... .. I 0

14. Environmental monitoring...... ........... .... ...................... .. .......................... ..... ..... 10

15. Pollution emergency response procedures ................ .... .... ...... ...... .. .... .. ... ........... I 0

16. Modification or change to pollution emergency response procedures ...... .. ........ 11 l 7. Testing and reviewing the pollution emergency response procedures ................ I I PART IV - DUTIES RELATED TO OFFSHORF: INSTAl.LATIOl'iS 12

18. Venting and flaring of petroleum............. ........... .................... ................... ...... ... 12

19. Discharge of hazardo us substances other than oil...................... ........................ 13 20 Permitted discharges of produced water, ballast water and omhore processing drainage.............................. ............ ...... .... ...... ..... ... ... ... .................. .......... .......... 13

21. Use and discharge of dri II ing fluids .......... ...... .. .. ...... .. .... .......... .... ............ ..... .... 14

22. Permitled discharge of garbage from facilities .... ........ ... ............... ..................... 15

23 . Garhagc Management Plan....................................... ............. .......... ... .. ............. 16

24. Garbage Record Book........... .. ..... ....................... ...... ..... .... ..................... ....... .... 16

25. Permitted discharges or oil....... ...... .. .. ............ ..... ... .............. ........................... 17

26. Oil residues that cannot be discharged .................................... ...... ........... .... ..... . 17

27. Oi l filtering equipment. .. ........ .................. .. .. .. .. ......... ... ...... ..... ......... .. ................ 17

28. Sludge tanks ......................................................... .............................................. l8

29. Oil Record book......... .. ... ............................................... ............................. ... .... 18

30. Reporting of spill~......... .. ..... .. .... ...... ...... .. .... .... ......... .... .. .. ... ... ... ..... .... ..... .. .. .. .... 20 PART V - INTERNATlOI\AL OIL POLLUTION PlU:VENTION CERTlFICATE 20

31. Offshore installation to have an IOPP Certificate.................................... ........ ... 20

32. Application for TOPP C~rtificiire .... ....... ..... ............... .. .... ..... ................ ......... .. ... 21

33. Surveys and inspections prior lo lhe issue, renewal or endorsement of an ]OPP Certificate .......... .... ...... ...................... ......................... ..... ..... .................. .. ... ... ... . 2 1

34. Tssue, duration, renewal, etc. of' an ]OPP Certificale ............. ......................... .... 22

35. Failure to meet standards required for renewal or endorsement of an JOPP Certificate.. ....... ..... ..... ...................... ......... ................ .... .. ..... ........................ ...... 23

36. Condition after sLirvcy........ ... .. .. .. ..... ... .. ....... ... ........... ....... ....................... .. ........ 24 PART ·v1 - ENVIRONMENTAL DAMAGE A:'.'ID LIABILITY 24

37. Environmental damage ....................................................................................... 24 3 8. imminent threat of e11viro1u1lental damage....... ............. ..... .. ... ........... .......... ...... 24 J9. Actual environmental damage................................. ................................. ..... ..... 25

40. Environmentally sensitive areas ....... ........... ....... ..... ....... ... ...... ............ ..... .......... 26

41 . Response actions................... .. ... .. ........... :............................................. .. .... ....... 26

42. Environmental rcmcdiation...... ..... .. .... .. ......... .. ... ............. ..... ..... .. ..... .... .... ..... .... 26 FIRST SCHEDULE 27 MATTERS TO BE ADDRESSED BY A\! ENVIRONMENTAL OvfPACT ASSF:8S?vfENT 27

SECOND SCHEDULE 28 CONT£~TS OF A~ ENVIRONl\lJENT.t\.L MANAGEMENT PLAN 28 THIRD SCHEDULE 31 CONTE;,.;TS OF AN OIL POLLUTION EMERGENCY PLAN 31 FOURTH SCHEDULE 35 AJ:>PLJCATJON FOR MODIFICATION FOR USE OF HAZARDOUS SUBSTA~CES 35 S. I. No. 39 of 2016 PETROLEUM ACT, 2016 (NO. 2 OF 2016) PETROLEUM (OFFSHORE ENVIRONMENTAL PROTECTION AND POLLUTION CONTROL) REGULATIONS, 2016 The Minister, in exercise of the pmvers conferred by section 52 or Lhe Petroleum Act, 20 l 6 (.·Vo. 2 of 2016) makes the follo,ving Regulations - 1. Citation. These Regulations may be cited as the Petroleum (Offshore Environmental Protection And Pollution Conrrol) Regulations, 2016 . 2. Interpretation. In these Regulations - "Act" means the Petro leum Act, 2016; "Administration" means the relevant agency of the government of the Stare- (a) within whose jurisdiction an offshore installation 1s operating; or (b) whose flag the offshore installation is entitled to fly; ".Bahamas maritime jurisdiction" means - (a) the internal and archipe lag ic waters and territorial seas; and (b) the exclusive economic zone and continental shelf as defined in the Archipe lagic \\iaters and Maritime Jmisdiction Act (Ch. 282); "best practicable option" means the best method of preventing or minimizing adverse effects on the environment hav ing regard to inter alia- (a) the nature of the discharge or emission and the sensitivity of the receiv ing environment to adverse effects; (b) lhe financial implications and the effects on the environment of that option when compared \Vith other options; and Page - 3 (c) the ctment state of technical knowledge and the likelihood that the option can be successfully applied; "cuttings" means solid material removed from drilled rock together with any solids and liquids derived from any adherent drilling fluids; "discharge" means any escape, release, disposal, spilling, leaking, pumping, emitting or emptying excluding release of hazardous substances for the purpos~ of legitimate scientific investigation or re i1tjectio11 into geological formations; "dispersant" means any substance used or intended to be used for the dispmal or emulsification of an oil spill in the sea; "EIA" means an Environmental Impact Assessment; "E.'.\'lP" means an EnvironmcntaJ .\-1anagement Plan; "gai'bagc"- (a) means all food waste, domestic waste, operational waste, plastic waste, cargo residue, incinerator ash, cooking oil, fishing gear, and any other waste generated during routine operation of a facility; (b) does not include- (i) fresh fish or parts of frnsh fish; (ii) any substance defined or listed in any Annex to MARPOL other than Annex V; "GMP'' means Garbage Management Plan: ~'hazardous substance" meanf.'- (a) a substance which fall into one of the following categories - (i) substances or groups of substances that are toxic, persistent and liable to bioaccumulate; (ii) other substances or groups of substances which are assessed by the flag State as requiring a similar approach as substances referred lo in (i) even if they do not meet all the criteria for toxicity, persistence and bioaecumulation, but which give rise to an equivalent level of concern; and (iii) any solution containing substances categorized under paragraph (a)(i) or (a)(ii) above; (b) oil; "IOPP Cel'tificate" means an International Oil Pollution Prevention Certificate issued under 1v1ARPOLAnnex 1: Page -4 "marine oil spill" means any actual or probable release, discharge or escape of oil into Lhe marine environment within The Bahamas' maritime jurisdiction; "IVU.RPOL" means the lnlernational Convention for the Prevention of Pol lution lt>r ships 1973, as modified by the Protocol of 1978 relating thereto; and includes any subsequent protocol, amendment or revision thereto, as accepted or ratified by the Commonwealth of The Bahamas; "Minister" Uttless othe1wise stated, means the Minjstt:r responsible for Petroleum; "National Plan" means the :--!ational Oil Spill Contingency Plan; "non-aqueous drilling lluids or a NAF" means oil-based and synthetic based drilling fluids; "oil" means- (a) petroleum in any form including crndc oil, fuel oil, sludge, oil refuse and refined products; and (b) any oily mixture; ''oil-based drilling tluids" or "OBF" means those liquids, used in dril ling operations to cool and lubricate the bit and to control well pressure, where the continuous phase and suspended medit1m for solids is a water immiscible fluid that is oil-based (normally low aromatic and parafiini<; oils); "oil spill" means any ach1al or probable rnlcasc, dis<;harge or escape of oil; "oily mixture" means a mixture with any oil content; "ORB" means Oil Record Book: "OSPAR" means the OSPAR Commission, being the fornm through which the contracting parties to the Convention for the Protection of the marine Environment of the North-East Atlantic (otherwise known as the OSPAR Convention) cooperate; "produced water" means water which is produced in petroleum operations and includes formation water, condensation water and re-produced injection waler; ii also includes water used for desalting oil; "Recognised Ot'ganisaHon" means an organisation authorised by the flag State of the offahore installation- (a) in accordance with- (i) the International Maritime Organi7,'l.tion (l:V10) Assembly Resolution A.739(18) and the Appendices Page - 5 thereto, entitled "Guidelines for the Authorization of Organi7.ations Acting on Behalf of the Administration''; or (ii) the 1~10 Maritime Safety Comntittee Resolution MSC.349(92) and the Appendices thereto, entitled ''Code for Recognized Organizations (RO Code)"; a11d (b) that is responsible for .the undertaking of st1rvey, audit and inspection functions under the relevant international Conventions; "substance" means a chemical element or compound or a mixture or solution composed of two or more elements or compounds; "surveyor" means a surveyor employed by a Recognised Organisation; and "synthetic-based drilling fluid 0 or "SBF'' means those Jiquids, used in drilling operations to cool and lubricate the bit and to control well pressure, where the continuous phase and suspended medium for solids is 11 water immiscible fl uid which comprises highly refined mineral oil-hased fluids or fluids derived from vegetahle and animal sources; "water-based drilling fluids" or "WBF" means those liquids, used in drilling operations to cool and lubricate the bit and to control well pressure, where the continuous phase and suspended medium for solids is a sea water or a water miscible fluid. PART I - ENVIRONMENTAL AUTHORISATION 3. Environmental authorisation. ( 1) Notv.:ithstanding any instrument or approval granted under any other enactmen4 no person shall undertake any of the following operations without the grant of an environmental authorization by the Minister - (a) appraisal for petroleum other than geological and geophysical (including seismic) surveys; (b) exploration; (c) field development and production; (d) abandon a v.:eJI; and (e) decommission a faci lity. (2) An application for an environmental authorisation specified in paragraph (!) shall includt>- Page - 6 (a) an EIA; and (b) an EMP. 4. Application for an environmental authorisation. (I) Every application for an environmental authorization shall- (a) he in English; (b) be i11 writing or in such other form as the Minister may allow; (c) include the applicant's- (i) address for service in The Bahamas; (ii) telephone number; (iii) fax number, if any; (iv) emai I address, if a11y; (d) be made- (i) no less than least three months before the date on which the operations m-e due to commence or the existing approval expires; or (ii) within such lesser period as the Minister considers appropriate; (e) include the contents of the El Aand fl corresponding E\1P i11 - (i) hard copy; and (ii) an electronic form acceptable to the Minister; (f) include evidence of compliance with regulation 5. (2) Within no later Lhan thirty working days from the date of receipt of an application for the grant of an environmental authorisation, the Minister may, in writing, require an applicant to submit any additional information that is considered necessary in suppot1 thereof. (3) In accordance with paragraph (2) the Minisler shall slate- (a) the details of the additional information that is required; and (b) the reason for the requisite information. 5. Consultation. Before an application for an environmental authorisation is subrn itted, the Minister shall satisfy himself that the operations of the holder of an instrument shall satisfy the requirements of- (a) the Ministry responsible for the Environment; (b) the Department of Marine Resources; Page - 7 (c) the Port Department; (d) members of the National Oil Spill Committee; (e) the Royal Bahamas Defence Force; (f) the Bahamas National Trust; and (g) any olher persons whose interests in rhe vicinity of the proposed offshore installation are likely to be affected by the operation tl1ereof. 6. Approval and duration of an environmental authorisation. (1) The Minister may grant an environmental authorisation in accordance with the Act, upon such terms and conditions as may be determined. (2) Any environmental authorisation granted by the :f\.1inistcr shall not be granted for a period not exceeding three years. PART II - ENVIRONMENTAL IMPACT ASSESSMENT 7. Contents of an environmental impact assessment. A.n BIA submitted to the Minister in accordance with regulation 4 shall be prepared by the operator in accordance with the First Schedule and contain ilie information specified therein in such detail- (a) as corresponds to the Sl:ale and significance of the impacts that the operations may have on the environment and existing interests; and (b) to enable the ~1inister to understand the nature of the operations and its impacts on the environment and existing interests. 8. Modification or changes to existing operations. ( 1) No modification or change shall be made to an existing operation in respect of which an environmental authorisation was granted by the Minister without prior approval by the Minister in writing, subject to an application in accordance wit.h regulation 4, irrespective of whether or not the change arises from an inc.rease or decrease in the intensity of an existing operation, or from the addition of an operation, or arises from the decommissioning of a facility, or otherwise. (2) Subject to paragraph (1) and where the Minister considers that significant change to the environmental impact of the operation wi.ll result from a modification or change of the existing operation, tJ1e operator shall be required to prepare and submit a separate ETA re lated thereto. Page - 8 PART Ill - ENVIRONMENTAL MANAGEMENT 9. Environmental management systems. (I) All operations for which an environmental authorisation is granted in accordance with regulation 6 shall be managed in accordance with an Environmental Management System. (2) An Environmental Management system shall - (a) he consistent with ISO 1400 I, as may be amended from time to t.ime: and (b) comply with other similar internationally recognist:d slandards. (3) A key component of an Environmental Management System shall be the development and implementation of an EMP. 10. Requirement for an environmental management plan. (I) No person may operate an offshore installation without an EMP approved as parL of the environmental authorisation required under regulation 3. (2) At iill rimes, 1-1n operator shall be deemed to be bound by the D,1P as a condition of the grant of environmental authorisation. 11. Contents of an environmental management plan. An EMP shall include but shall not necessarily limited to the particulars prescribed in the Second Schedule, and shall (a) be appropriate for the nature and scale of the activity; (b) demonstrate that the environmental impacts and risks of lht: activity wi ll be reduced to as low as reasonably practicable; (c) demonstrate that the environmental impacts and risks of the activity will be of an a1;ceplablt: level; (d) provide for appropriate environmental performance outcomes, t:nvironment.al perfonnance standards and measurement criteria; (e) include an appropriate implementation strategy and monitoring, recording and repot1ing arrangements; and (g) demonstrate that - (i) the operator has carried out the consultations required by regulation 5; and (ii) the measures, if any, that the operator has adopted, or proposes to adopt, because of the consultations arc appropriate. Page - 9 12. Custody of an environmental management plan. Every operator shall keep the £MP and environmental authorisation, at all times (a) in a secure place on every offshore installation to which they apply; (b) at il separate address nominated for the offshore installation; and (c) to be readily available for inspection by the \1inister. 13. Modification or change to an environmental management plan. (1) No modification or change shall be made to an E:,vfP, without prior approval by the Minister, in writing, subject to an application in accordance with regulation 4 and regulation 11, save and t:xcept lhal if the only modification applied for is for the use of a hazardous substance, only particulars related thereto shall be required to be submitted in respect of the Second Schedule. (2) .\-1odificatiou or change lo an EMJl includes inter alia, when the operator proposes to - (a) alter the use or layout of the facility in such a way that could increase the risk of environmental damage arising from the operation; or (b) use a ha7ardous substance not approved in the Etv!P. 14. Environmental monitoring. (1) Regular and effective monitoring shall be unde1taken by the operator- (a) to assess t11e impacts of the operations, including the verification of predicted impacts; (b) to facilitate early detection of possible unforeseen effects of activities carried out both within and outside The Bahamas' mnJitime jurisdiction on the marine environment; (c) to comply with any other directives of the \1inister or the Minister responsible for lhe environment, in accordance with the Act and the law. (2) Subject to paragraph ( 1), the operator shall maintain records of all monitoring activity under the Act, which shall be made available for inspection by the Minister al any time. 15. Pollution emergency response procedures. (1) No person may operate a facility without prior approval by the Minister in writing, of pollution emergency response procedures. Page -10 (2) Subject to paragraph (1), the pollution emergency response procedures may be s11bmitted- (a) as a separate Oil Pollution Emergency Plan; or (b) as an integral part of the ElvlP required pursuant to regulation I 0. (3) The pollution emergency response procedures shall include the particulars prescribed in the Third Sc:hedule of these Regulations. (4) At all times, with respect to the implcmic:nlalion ur pollution emergency response procedure, the operator shall- (a) ensure that personnel responsible for implementing the approved polluLiun emergency response procedures ru1d dealing with spills of oil and other hazardous substances receive training appropriate to their responsibil ities; (b) maintain a record or all training; (c) maintain access to equipment to deal with a spill, at a level appropriare to - (i) lhe risks presented by the fac ility; and (ii) the response options identified in the approved pollution emergency response procedures; and (d) when called upon by the Minister, or another statutory agency, justify any Mponse option, identi fied in the pol lution emergency response procedures, as effective and achievable. 16. Modification or change to pollution emergency response procedures. (]} Save and except as provided in paragraph (2), no modification or change shall be made lo pollution emergency response procedures, without prior approval by the Minister, in writing, subject to an application by the operator in wriling. (2) The following changes to the pollution emergency response procedures may be made without prior approval of the Minister. in ,Hiting- (a) modifications lo lhe twenty-four hour contact list; (b) reassignment of personnel responsibilities. 17. Testing and reviewing the pollution emergency response procedures. (r) Every operator shall- ( a) test the pollution emergency response procedures no less than once every twelve months; Page - 11 (b) review the effectiveness of the pollution emergency response procedures as soon as prnc1icable after - (i) every test carried out under paragraph (a); (ii) every application of the pollution emergency response procedures in response to a spill; and (iii) any change in lhe pollution emergency response procedures or equipment for the ~ite, other than the direct replacement of equipment. (2) Every operator shall prepare and maintain a record of- (a) every test and review made under paragraph (l); (b) the results and findings of every such test and review; an<l (c) such other particulars as co11siclered relevant. (3) Following every review of the pollution emergency response procedures, the operator shall - (a) devise and prepare further modifications or changes to the pollution emergency response procedures that would increase its effectiveness; and (b) implement such modifications or changes- (i) immediately, in the case of modifications to the tvvcnty-four hour contact list or rca.~signment of personnel responsibilities~or (ii) on the approval of the Minister. PART IV - DUTIES RELATED TO OFFSHORE INSTALLATIONS 18. Venting and flaring of petroleum. (]) Every operator shall ensme that no petroleum is continuously vented or flared from an offshore installation, save and except unless such venting or flaring is - (a) specified in the approved EMP for that offshore installation; and (b) released in accordance wirh the said EMP. (2) Where petroleum is vcnLcd or flared on an offshore installation in accordance with paragraph (1 ), Lhc operator shall prepare and maintain a record of such emissions, includ ing- (a) volume vented or flared; Page -12 (b) volume of liquids burned; (c) duration of the emission; (d) the reasons for the emission; and (e) the wells contributing. (3) Where. petroleum is vented, flared or released into the atmosphere, save and except as provided under (he Act and without prior approval by the Minster, the operator shall notify the .\1inister immediately and within no less than twenty-four hours- (a) in writing; (b) with the highest possible pdority; and (c) in accordance with the reporting requirements under the E:\1P. 19. Discharge of hazardous substances other than oil. Every operator shall ensure that no hazardous substance is discharged from an offshore installation, unless that hazardous substance is- (a) specified in the approved EMP for that offshore installation; and (b) discharged in accordance with the said EJvlP. 20. Permitted discharges of produced water, ballast water and offshore processing drainage. (1) Every operator shall, by use of the hest practicable option, ensure that the dispersed oil content of produced water, ballast water or offahore processing drainage discharged from an oiTshore installation - (a) is measured- (i) by a method approved by the !vlinistcr in the EMP; (ii) at least sixteen times per calendar month, at regular intervals of approximately once every two days; and (iii) at a point immediately after the last item of treatment equipment in, or downstream of, a turbulent region, and in any case before any subsequent dilution; (b) does not exceed fo11y milligrams per litre; (c) averages less than thirty milligrams per litre every calendar month; and (d) is recorded. (2) Where an the operator is unable to comply with paragraph (1) by use of the best practicable option, an application may be made to the Minister in Page - 13 writing and the '.\:1inister in consultation with the Minister responsible for the Environment may- (a) authorise the discharge; (b) require the operator to adopt additional measures to prevent possible pollution of the marine environment; and (c) take such other steps as he deems necessary. (3) For the purposes of paragraph (l)(b), an application may be mzide to the Minfater in writing and the Minister in consultation with the \-linistcr responsible for the environment may allow a limit greater than forty milligrams per litre if it considers it necessary for geological, technical or safety reasons. (4) If the dispersed oil content of production water, displacement water or offshore processing drainage exceeds - (a) forty milligrams per litre but does not exceed one hundred mil ligrams per litre, lhe operator shall report the excess to the Minister as soon as practicable; (b) one hundred milligrams per litre, the operator shall report the excess as a marine oil spi II in accordance with regulation 31 below. (5) The Minister may, at any time, require that the dispersed oil content, of an offshore installation's pro<lm:ed water, ballast water or offshore processing drainage, be measured wilhout delay. 21. Use and discharge of drilling fluids. (1) Subject to the requirements in paragraph (2), every operator shall ensure that no dri lling fluid is used on an offshore installation unless that fluid is (a) water-based or synthetic-based; (b) specified in the ofi."shore installation's approved E.tvlP; and (c) discharged in accordance with that EMP. (2) l;pon an application ro the Minister in writing, the Yiinister may allow the use of drilling fluid that is not water based or synthetic based if its use is reasonably necessary for geological, technical or safety reasons. (3) For the purposes of these Regulations, the following performance standards shall apply - (a) the use of diesel oi l-based fl uid is prohibited; (b) the use of NAF in the upper pa1t of the well is not permitted unless their use is necessary for geological or safety reasons; Page - 14 (c) the discharge of whole NAF and cuttings contaminated with NAF at a concentration greater than 1% fluid by weight on dry cuttings, is prohibited; and (d) the mixing of l\AF with cuttings to achieve this standard for the purpose of disposal is not acceptable. (4) Notwithstanding the requirements set out in paragraph (2), the Minister may allow the discharge of cuttings contaminated with synthetic based fl uid at a concentration greater than 1% fluid by weight on dry cuttings in exceptional circumstances, provided it can be demonstrated in the EMP that- (a) there is no alternative to the use of syuthelii.: based fluid; and (b) the discharge of cuttings contaminated with synthetic based flu id is the best practicable option for their disposal. (5) \\-11ere. oil based fluid and synthetic based fluid are used, the offshore installation shal l have a containment and drainage syslem which allows the collection and treatment of all nm off water which may be contaminated with drilling tluids or their by-products. 22 . Permitted discharge of garbage from facilities . (1) No operator shall discharge garbage from a facility into the sea except food garbage that- (a) has passed through a comminuter or grinder; and (b) is capable of passing through a screen with openings no greater than 25mm2. (2) i\othing in this regulation shall prohibit or restrict an operator from discharging garbage from a facility into the sea if the discharge - (a) is necessary for the purpose of securing the safety of a facility and those on-board or saving life at sea; or (b) is an accidental loss of garbage resulting from damage to a faci lity or its equipment, and ail reasonable precautions have been taken before and after the occun-ence of the damage to prevent or minimise the accidental Joss. (3) Every operator shall ensure tliat any garbage tliat is not permitle<l to be discharged into the sen is - (a) retained on board the facility; or (b) discharged to a reception facility. Page - 15 23. Garbage Management Plan. (1) Every operator of an offshore i.nstallation shall ensure that, at all times- (a) the facility has a Garbage Management Plan (hereinafter refened lo as "GMP") in compliance with this regulation and tbc Act; (b) an up to date copy of the GMP is carried on board the facility; and (c) all persons on board the facility .:omply with the GMP. (2) A GMP shall - (a) set out in writing, the procedures for m.u1imising, collecting, storing, processing, and disposing of garbage, including the use of garbage relakd equipme,nt on board; (b) designate the person or persons in charge of carrying out the plan; and (c) be written in the English language and in the language of the crew. 24. Garbage Record Book. (1) Every operator of an offshore installation shall ensme tlrnt, at all times- (a) for each discharge of garbage, there is a garbage record book for the offshore installation that is- (i) carried on board the facility; (ii) readily available for inspection by the Y1inister; (b) for each discharge of garbage, and each completed incineration of garbage, an entry is promptly made in the garbage record book that includes - (i) the date and time of the discharge or incineration; (ii) the position of tbe offshore installation at the time of the discharge or incineration; (iii) the category of the garbage discharged or incinerated; (iv) the estimated amount of garbage discharged or incinerated; and (v) the signature of the officer in charge of the discharge or incineration; (c) for each discharge or accidental loss referred to in regulation 22(2), an entry is made i.n the garbage record book that includes- (i) the location, circumstances 01: and reasons for the discharge or accidental loss; (ii) details of the items discharged or accidental loss; and Page - 16 (iii) the reasonable precautions taken to prevent or minimise such discharge or accidental loss. (2) Each completed page of the garbage record book shall be signed by the fac ility managtlr. (3) The garbage record book required by paragraph (I ) shall be preserved by the operator of the facility for a period no less than twenty-four months after the last entry has been made. 25. Permitted discharges of oil. Oil that drains from the machinery spa1.;es, oi I tanks and other parts of the facility may be discharged, if- (a) the oil content of the discharge without di lution does not exceed fifteen patis per million; and (b) the facility has in operation the equipment required by regulation 27. 26. Oil residues that cannot be discharged. Every operator shall ensure that any oil residue that is not permitted to be discharged into the sea is- (a) retained on board the facility; (b) off loaded as cargo; or (c) discharged to a reception facility. 27. Oil filtering equipment. (1) Every operator of an offshore installation shaJl ensure that it is fit1cd with oil filtering equipment- (a) of a design approved by the Minister or the Admin istration of another state party to MARPOL and (b) to ensure that any oily mixture that- (i) drains from the machinery spaces, oil tanks and other parts of the facil ity or from ballasting to cleaning of the oil fuel tanks; and (ii) is dist:harged into the sea, has an oil content not exceeding fifteen parts per million, after passing through the equipment. (2) Jn the case of fl facility of Ion lhousand gross tons or more, the oil filtering equipment provided in accordance with paragraph (1) shall be fitted with Page - 17 (a) an alarm to indicate when the oil content of the effluent exceeds fifteen paits per million; and (b) a device to ensure that any discharge of oily mixture is automatically stopped when the alarm is activated. (3) The requirements of paragraphs (1) and (2) sba.11 not apply if the Minister is satisfied that oily mixtures- (a) can be adequately stored on board and subsequently discharged to reception facilities ashore or otherwise satisfactorily disposed of without being discharged into the sea; and (b) are so stored and discharged or disposed. 28. Sludge tanks. Every operator of an offshore installation shall ensure that it is fitted with tanks (a) large enough to hold all oily residues that cannot otherwise be dealt with in accordance with the Act; and (b) designed and constructed so as to allow the tanks to be cleaned and emptied at a reception facility. 29. Oil Record book. ( l) Every operator shall ensure that an Oil Record Book (hereinafter referred to as "ORB") is maintained in respect of the facility in a form approved by (a) the lVlinister; or (b) the Administration of another state party Lo lv1.ARPOL. (2) Every operator shall ensure that an en11y is made in the appropriate part of the ORB in accordance with the applicable provisions of MARPOL in respect of the - (a) ballasting or cleaning of oil fuel tanks; (b) discharge of dirty baliast or cleaning water from oil fuel tanks: (c) dtscharge overboard or other disposal of oily wakr Lhat has accumulated in machinery spaces or other paits of the facility; (d) loading of oil; (e) internal transfer of oi I; (f) unloading of oil; (g) ballasting of produced oil storage tanks; (h) cleaning of produced oil storage tanks; Page - 18 (i) discharge of dirty ballast or cleaning water from oil storage tanks; U) measurement of the discharge of production water, ballast water or processing drainage, in accordance with regulation 20( I), and if the oil content exceeds one h1u1<lrcd parts per million, measurement of (i) the volume of oil discharged during the incident; or (ii) for continuing incidents, the volume of oil discharged in eveJ}' twelve hour period that the discharge continues; (k) disposal of oily residues. (3) Every operator shall ensure that the daily volume in litres of discharged production water, displacement water or processing drainage is recorded in the ORB. (4) Every operator shall ensure that a statement is made in the ORB of the circumstances ot: and the reasons for- (a) any discharge into the sea of oil for the purpose of- (i) securing the safety of the facility; or (ii) saving life at sea; (b) any escape into the sea of oi l resulting fro m- (i) damage to the facility or its equipment; or (ii) any other accidental or exceptional occurrence; (c) any discharge into the sea of substances containing oil when being used for the purpose of corn bating a specific pollution incident. (5) F.very entry or statement required lo be made in lhe ORB, shall be- (a) recorded in writing, without delay; (b) signed by the facility manager in charge of the operation concerned; and (c) in English. (6) Every completed page of the ORB shall be signed by the facility manager on board the facility who has overall re3ponsibility for its operations. (7) Every operator shall ensure that the ORB is kept, at all tirnes- (a) in a secure place on board every offshore installation to which it applies, except in the case of an unmanned offshore installation under tow; and (b) at a separate address nominated for the offshore installation; and to be readily available for inspection by the lvfoiistcr. Page - J9 (8) Every operator shall ensure that a true copy of every completed page of the ORB is fonvarded to the Minister within fifteen working days of the end of the month in which it was completed. (9) Every ORB shall be preserved by the operator for a period no kss than three years after the last entry is made. 30. Reporting of spills. (1) After any spi II of oil or other hazardous substance to the marine environment, the operator of a fa<.:ility shall report to and notify the Minister immediately and in writing, within no less than twenty-four hours- (a) with the highest possible priority; (b) in accordance with the repo1t ing requirements set out from time to time in the national oil spill contingency plan; and (c) in complim1cc with any reporting procedures as set out in the pollution emergency response procedures. (2) If the personnel responsible for implementation of pollution emergency response procedures considers that a marine oil spill cannot be contained or cleaned up using available resources avaiiable, the Minister shall be notified immediately and in writing, within no less than twenty-four hours (a) with the highest possible priority; and (b) states the procedures outlined in the pollution emergency response procedures. (4) Every operator shall ensure that any report made to the .vlinister pursuant to paragraph (l ), is submitted immediately and with no less than forty- eight hours to the authorized organization that issued the International Oil Pollution Prevention Certificate as Jequired in regulation 31 in respect of the offshore installation. PART V - INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE 31. Offshore installation to have an IOPP Certificate. (I) Tn respect of every offshore installation, every operator shall obtain and maintain, a valid International Oil Pollution Prevention Certiticate-- (a) issued or renewed in accordance with regulation 34; or Page - 20 (b) issued by or on behalf of a slate which is a party to MARPOL other than The Bahamas. (2) Every opei-atot sJ1all ensure that the IOPP Certificate held in respect of the offshore installation is, at all times- (a) in a secure place on board every offshore installation to which it relates; and (b) at a separate address nominated for the offshore installation, to be readily available for inspection by the Minister. 32. Application for IOPP Certificate. Every application by an operator for the - (a} issue of an lOPP Certificate; (b) renewal of an IOPP Certificate; or (c) endorsement of an 10PP Certificate, shall be made, in writing to the Minister, in compliance with regulation 34 and rheA.ct. 33. Surveys and inspections prior to the issue, renewal or endorsement of an IOPP Certificate. (1) The operator of an offshore installation shall ensure that the following surveys are carried out by a surveyor in respect of such offshore. installation- (a) an initial survey, prior to issue of an IOPP Ce1tificate; (b) a renewal survey, prior to renewal of an TOPP Ccitificate; and (c) an endorsement survey, prior to endorsement of an IOPP Certificate. (2) Initial and renewal surveys of an offshore installation, conducted prior to the issue or renewal of an lOPP Certificate shall be carried out to ensure that the structure. equipment. systems, piping, fittings, arrangements, record books, emergency response procedures and material fully comply with the requirements of the Act. (3) Notwithstanding paragraph (l ), the operator shall conduct an annual survey in respect of rhe offshore installation to ensure that- (a) the stmcture, equipment, systems, piping, fittings, anangements, record books, emergency response procedures and material, associated pump and piping systems, including oil discharge monitoring and control systems, oily \Vatcr separating equipment Page - 21 and oil filtering systems are in good working order and fully comply with the requirements of the Act; (h) the structure, equipment, systems, piping, fittings, arrangements, record books. emergency response procedures and material have not been altered without the prior approval in writing, of the Minister or a surveyor as required. (4) A surveyor may consent. in writing to an application for the issue, renewal or endorsement of an IOPP Certificate - (a) unconditionally; or (b) subject to such cond itions as the surveyor sees fit, in the interests of maritime safety and marine environment protection. 34. Issue, duration, renewal, etc. of an IOPP Certificate. (1) In accordance with the Act and upon application, the Minister may issue, renew or endorse an IOPP Certificate, if satisfied that the facility- (a) complies with the Act; and (b) has undergone such requisite survey in accordance with regulation 33 and to the satisfaction of and with written consent of the surveyor. (2) Every IOPP Certificate, including any supplement thereto- (a) shall be in the form prcscribecl - (i) in :\1ARPOL Annex I Appendix 11, as may be amended; or (ii) if an FPSO or an FSU supplement, either in that form or in lhe form specified in resolution MEPC.139(53) "Guidelines for application of the revised ;v1ARPOL Annex 1 requirements to FPSOs and FSUs" as may he amended hy the International Marine Organisation from time to lime; (b) may be:) issued for a period not exceeding five years; and (c) is su~ject to the fo llowing conditions- (i) no significant alterations may be made in the structure of the facility, equipment, systems, fittings arrangements and material without the approval of a surveyor, except the direct replacement of such equipment and fittings: (ii) the satisfactory completion of the surveys required under regulation 33 ( l ); (iii) the facility has on board the ORB; and (iv) the facility has on board an approved EMP. Page -22 (3) The operator of an offshore installation shall ensure that, at all times the equipment thereof is maintained in a condition that- (a) complies with the provisions of the Act; (b) complies with its TOPP Certificate; and (c) does not present an unreasonable threat of harm to rhc marine environment 35. Failure to meet standards required for renewal or endorsement of an IOPP Certificate. ( 1) ln response to an application for the renewal or endorsement of an IOPP Certificate and where a surveyor ha~ carried out a renewal ;;urvey or annual survey of a fac il ity and detennines that the condition of the equipment of the facility- (a) does not correspond substantially with the particulars of the IOPP Certificate; or (b) presents an unreasonable threat of harm to the mMine environment, the surveyor shall- (i) immediately notify the operator in writing and instruct the operator to take concctivc action; (ii) notify the Minister in writing of the corrective action required; and (iii) not c.onsent to an application to the Minister for the renewal or endorsement of the IOPP Certificate. (2) Where an operator fai ls to undertake corrective action required pursuant to paragraph (1), the .v1inister may- (a) suspend the IOPP Certificate; or (b) impose conditions on tJ1e lOPP Cettificate. (3) The suspension of an TOPP Certificate, or the imposition of any conditions in respect thereof, shall remain in force unti l the Minister has confirmed (a) that after due investigation, the requisite corrective action was undertaken by the operator; (b) to approve the application for renewal or endorsement of an TOPP Certificate. (4) Pursuant to paragraph (3), the Minister shall deterrniJ1c the period of time during which the !OPP Certificate shall be suspended, or within which cond itions are imposed thereon. Page. 23 36. Condition after survey. After a surveyor conducts a survey in accordance with the Act and for the purposes of an application to the Minister for the issue, renewal or endorsement of an !OPP Certificate, the operator shall ensure that no change is made to an offshore installation structure, equipment, systems, fillings, arrangements or material covered by a survey, without the prior approval in writing of the surveyor, except the direct replacement of such cq uipment and fittings. PART VI - ENVIRONMENTAL DAMAGE AND LIABILITY 37. Environmental damage. The holder of every instrument shall aim to achieve a 7.ero net environmental footprint and shall- (a) adopt such measures as are appropriate; (b) ensure that operations thereunder are unde1taken in order to minimise disturbance of and impacts to the environment; (c) ensure that operations are underLaken in order to avoid or minimise disturbance and impacts to critical habitats of vulnerable, endangered or critically endangered species or any species designated as legally protected; ru1d (d) design facilities lo minimise altraclion Lo wildlife. 38. Imminent threat of environmental damage. (I) \\!here in the conduct of operations under an instmment, the holder thereof detects an imminent threat of damage to the environment whether or not arising from a major environmental incident, the operator shall within no less than twenty-four hours thereof- (a) immediaLely report to the Minister and any other relevant entity and notify of all relev,mt details related thereto, in writing; and (b) take all practicable steps and preventative measures to prevent the damage. (2) Subject to paragraph (1) and where the Minister is satisfied that an imminent threat of environmental damage exists, the Minister shall notify the holder of the instrument in "\-\'Titing and the notice shall - (a) describe the threat; (b) identify of the measures required to prevent the environmental damage; and Page- 24 (c) require the operator to undertake such measures as specified, or such allernalive measures, within the period of time specified therein. 39. Actual environmental damage. (1) The holder of an instrument that is responsible for operations that cause damage to the environment shall- (a) immediately report to the Minister and any other relevant entity and notify of all relevanl details related thereto in writing; and (b) take all practicable steps to prevent the damage. (2) Where tJ1e holder of an inslmmenl fails to comply with paragraph (I), the holder thereof shall be liable- (a) to pay the costs for remediation of tJ1e damage caused as a resnlt of such failure; (b) to compensate any other person who has proven beyond reasonable doubt that they have incurred expense or property damage as a direct result of the damage, (htm~inafter referred to as "the claimant"). (3) Any compensation payable under paragraph (2) shall take into account- (a) the geographic proximity between the activities of the claimant and the environmental damage; (b) the degree to which the claimant is economically dependent on an affected natural resource directly impacted by the damage; (c) the extent to which the claimant's business forms an integral part of economic activities in the area which is direclly impacted by lhe damage; (d) the scope available for the claimant to mitigate his loss and the ex.tent to which the claimant acted promptly and responsibly to mitigate such loss; and (e) the effect of any concurrent causes contributing to the claimant's loss. (l1) Any claim made under this regulation shall be submitted after the holder of the instrument has reasonably contained the environmental damage within thirty days after the elate on which notice of such containment is given to the Minister in writing. Pag~ - 25 40. Environmentally sensitive areas. Where any operations under an instrument MC undertaken in, or in the vicinity of national parks and an area that has been designated by the Minister responsible for lhe Environment, The Bahamas National Trust or such olher relevant entity, to be an environmentally sensitive area or an area. subject to specific requirements- (a) the physical footprint of al! temporary and permanent facilities, shall be minimized to reduce environmental impacts; (h) operations shall be undertaken so as to avoid large scale physical disturbance; and (c) on completion o[ operations, disturbed sites shall be rehabilitated to the pre-disturbed stnte to the best extent practicable. 41. Response actions. Save and except where otherwise provided under the Act, the holder of every instrument shall respond promptly and effectively to a major environmental incident arising from the conduct of operations under an instrument. failing which the holder thereof shall be liable to pay the costs for remediation of damage caused as a result of the failure to respond to the incident. 42. Environmental remediation. (I) Where physical disturbance to the environment is unavoidable, long term or irreversible, the holder of an instrument shall employ such methods or measures of environmental remediation or enhancement, a~ approved by the Minister and the Minister responsible for the environment. (2) Subject to regulation 39 and where the holder of an instrument has caused ach1al environmental damage, the Minister and the Minister responsible for the environment shall calculate the approximate costs to restore the affected natural resources and to procure environmental services related thereto. (3) The holder of an instrument, responsible for environmental damage shall (a) submil proposals, within such lime specified by the Minister, whid1 shall include - (i) the measures necessary for remediation of the damage, together with a justification; (ii) the period within which the remedial measures will be undertaken; Page- 26 (iii) any additional monitoring or investigative measures to bt undertaken during remediation; and (b) bear the fo ll costs for the remedial measures unde11aken, pursuant to this regulation.

FIRST SCHEDULE (regulation 7) l\L\ITERS TO BE ADDRESSED BY AN ENVIRON:VlRNTAL IMPACT ASSESSMENT Every environmental impact assessment prepared in accordance with regulation 7 shall include- (a) a description of lhe propo;;ed activity including its purpose, location, duration and intensity, and posstblc alternatives to the activity, including the aHernative of not proceeding, and the consequences of those alternatives; (h) a description of the pre-activity (baseline) environmental conditions with which predicted changes arc to be compared and a prediction of the future environmental conditions in the absence of the proposed activity; (c) a description of the methods and data used to forecast the impacts of the proposed activity; (d) estimation of the nature, extent, duration and intensity of the likely direct impacts of the proposed activity; (e) identification of unavoidable impacts of the proposed activity; (f) consideration of possible indirect or second-order impacts of the proposed activity; (g) consideration of lhe short tenn, medium term and long term effects of the proposed activity on existing uses and values in The Bahamas' maritime j urisdiction; (h) consideration of irreversible and cumulative impacts of the proposed activity in the light of existing activities and other known planned activities; Page - 27 (i) identification of measures, including monitoring programmes, that could be taken to minimize or mitigate impacts of the proposed activity and to detect unforeseeD impacts that could provide early warning of any adverse effocls of the activity as well as measures to deal promptly and effectively with accidents; G) an identification of gaps in knowledge and uncertainties encountered in compiling the information required under this paragraph; and (k) a non-technical summary of the infonnatio11 provided under this regulation. SECO.\D SCHEDLLE (regulation 11) CONTENTS OF AN ENVIRONMENTAL J\;lA_~AGE:\-lENT PLAN 1. Contents Overview. (I) Every environmental management plan shall include bnt not be limited to (a) a detailed description of the activities that are to be undertaken as part of the development, particularly those activities relevant to environmental impact and risk including - (i) location, general details and layout of any facility; (ii) an outline of the operational details; (iii) proposed timetahle for the activity; and ( iv) any additional information relevant to consideration of environmental impacts and risks; (b) a detailed desc,ription of the environment that may be affected by the activity, including - (i) ecosystems and their constituent parts including people and communities; (ii) natural and physical resources; ( iii) the qualities and charackrislics of locations, places and areas; (iv) the heritage value of places; and Page - 28 (v) the social, economic and cultural features of the above; (c) an evaluation of the environmental impacts and risks shall include hut not he limited to, a.II the environmen1al impacts and risks arising directly or indirectly from the planned operations of the activity and potential emergency conditions and should dernonstrale that the environmental impacts and risks are reduced to as low as reasonably practicable by applying environmental practices and technologies best suited to individual circumstances, activity and location; (d) appropriate environmental performance outcomes and standards against which the operator's performance in protecting the environment can be mensnred during the iictiviry; (e) a description of the specific measures and arra11gcments that will be implemented for the duration of the activity to ensure that - (i) all of the environmental impacts and risks of the activity will be continually identified and reduced to a level thal is as low as reasonably practicable; (it) control measures detai led in the environmental plan arc effective in reducing the environmental impacts and risks of the activity to as low as reasonably practicable and acceptable levels; (iii) cnviJOJmwntal performance ouLcomes and slanda.rds set out in the environmental plan arc met~ (iv) an-angements are in place to respond to, and monitor impacts of, oil pollution emergencies; and (v) stakeholder consultation is maintained through the activity as appropriate; (f) a plan for ensuring how compliance with the environmental plan will be evaluated and recorded, in order to ensure that where non- conformance or potential non-conformance with the environmental plan is identified, arrangements are in place to correct these, to prevent recunence of similar non-conformance in the future, and to provide for subsequent review of rl1e effectiveness of actions taken. (g) details of consultation taken. 2. Operations ( l) bvcry environmental management plan shall explain how emissions or greenhouse gasses are to be managed, including - (a) options for feasible alternatives to flaring and venting; and Page - 29 (b) the method to be used to mensure the a.monnt of gas flared or vented. (2) Every environmental management plan shall explain how the produced water, ballast water, offshore processing drainage and any other water emanating from the well product, is to be managed, including- (a) an assessment of the feasib le alternatives for its management and disposal; (b) selection of the least haiardous chemicals to min imise the toxicity of that water; (c) the options to be used to reduce the volume of production waler discharged to lhe marinti environment; (d) the method to be used to monitor the concentration of dispersed oil in production water; and (e) the procedure by which dispersed oil content, which exceeds the limits laid down in regulation 20, is to be recorded in the Oil Record Book or reported in accordance with that regulation. (3) Every environment.al management plan shall explain how the discharge of drill cuttings and associated drilling fluid~, is to he managed, including - (a) an assessment of the feasible alternatives for the disposal of spent WBF and drill cuttings from well sections drilled with either \.VBF orNAF; (b) selection of the least ha1.ardous chemicals to min imise the toxicity of the discharged fluids and cuttings. (4) In respect of every hazardous substance to be used on the offshore i11stallation, every environmental management plan shall also include- (a) particulars of the substance; (b) the purpose of the substance; (c) evidence that lhe selected substance has the least haL.ard and lowest potential environmental impact while still being eITeclive; (d) the maximum volumes ·or the substance that can be stored on the otlshore installation and the method of storage; (e) the maximum concentration of the substance to be used in combination with any other substance; (f) the maximum amounts of the substance to be used in specific periods; (g) a completed chemical data sheet containing as a minimum the information set oul in the Fourth Schedule; Page - 30 (h) the ecotuxic nature of the substance, witJ1 reference to the Euurth Schedule; and t) ) a detailed description of those processes and activities that present a risk of accidental discharge of the substance and a list of actions to be taken and procedmcs in place to reduce the risk or a spiII.

THIRD SCHEDULE (regulation 15(3)) CO~TENTS OF AN OILPOLLPTION EMERGENCY PLAN 1. Oil spill risk identification, assessment and prevention. Every oil pollution emergency plan shall include - (a) details of the location of the offshore installation and of the field to wh ich the application relates; (b) details of the likely reservoir cbaracterislics including information outlining a prediction of the nature of the potential hydrocarbons (crude/gas/condensate and contaminants includi11g maximt1m expected concentrations); (c) up to date and accurate drawings or plans sbowing- (i) the general arrangement of the offshon::. installation, in particular, the places and systems associated with the storage or transfer of fuels including tank capacity, filling anangements, isolation valves and drainage systems highl ighting the critical isolation points; and (ii) those areas of the offshore installation identified as presenting the greatest risk of a marine oil spill; (d) details of the well flow characteristics; and the maximum expected shut-in welU1ead pressure at the seabed; (e) details of the proposed operations at the offshore installation; (0 .:haracterisation of the oil produced, stored and used at the offshore installation including- (i) oi I type; (ii) viscosity; (iii) density (specific gravity); Page · 3 l (iv) pour point; (v) wax content; (vi) asphaltene content; (vii) potential spill volumes; (g) a detailed description of all the processes and activities which present a risk of pollution from an oil spill, with a list of specific procedures to reduce the risk of an oil spill; (h) in the case of well-drilling - (i) an assessment of potential well control failure scenarios including blowout preventer failure, rig loss, and loss of well hore integrity; (ii) information on the realistic worst-case scenario in relation to the potential release of reservoir hydrocarbons including the potential daily release rate and the total quanlily of hydrocarbons that could be released during the maximum time that it could take to stop the release: (i) an assessment of the weathering and persistence (fale) of oil if spilled on water at different temperatures and wind speeds. Which shall include laboratory analysis to determine how the oil will behave once spilled and oil spill trajectory modelling; G) information on the nature and effectiveness of dispersants on individual oils; (k) a detailed description including maps of those areas identified as al risk of environmental damage as a result of an oil spill including possible social, cultural and econom ic implications; and (I) an assessment of the potential impacts of spilled oil inr.;luding identification of the environmental, soclal and economic resources most at risk from oil and other hazardous materials such as sensitive receptors. 2. Emergency response procedures for spiiis of oil. (I) Every oil pollution emergency plan shall include emergency response procedures for spills of oil and other hazardous substances. (2) The emergency response procedures referred to in paragraph (I) shall include- (a) guidance to ensure the safety of personnel; (b) information to help personnel at the offshore installation deal with a spill by detailing the actions necessary to stop, minimise or mitigate the effects of a spill, including procedures for- Page - 32 (i) determining what action to take in response to a spill; (ii) preventing escalation of the spilJ; (iii) stopping the discharge at its source, if possible; (iv) identifying the safety and environmental consequences of any remedial actior1; and (v) dctennining whether the spill can be contained or cleaned up using the resources available to the operator or any other person responsible for implementing the emergency response procedures; (c) an assessment of the preferred protection and clean up options m1d details of the response options available to the offshore installation; (d) the procedure by which spills are to be reponed in accordance with regulation 30; (e) the procedure by which spills that the person responsible for implementing the emergency response procedures considers cannot be cleaned up or contained using the resources available to him or her, are to be reported in accorda11cc with regulation 31; (f) a list of twenty-four hour contact information, including - (i) the operator or the operator's representative; (ii) the relevant contact person within the Authority; (iii) any organisation contracted to respond to spills at the offshore installation; (iv) the person responsible for implementing the plan; (v) the person responsible for co-ordinating response activities; (vi) off-duty personnd with responsibilities for dealing with spills; and (vii) all other persons who have interests in lhe vicinity or the offshore installation tJ1at are likely to be affected by a spill from such offshore installatio11; (g) the organisational response structure for the oftshore installation, including - (i) duties of all personnel responsible for dealing with spills; and (ii) positions consistent with any incident control system that may be prescribed in the National Plan; (h) the notification and mobilisation procedures to mobilise the organisation detailed in paragraph (g); (i) the relationship with other marine pollution emergem:y response systems; and Page - 33 G) an inventory of response equipment held on the offshore installation ~uid personnel responsibilities for the deployment, survey and maintenance of that equipment. 3. Well control measures. ( l) In the case of well-drilling, every oil pollution emergency plan shall include emergency response procedures for dealing with an uncontrolled release CJf hydrocai·bons from a well that could be taken to pi-event further release or escalation of release of hydrocarbons, induding- (a) measures t11at would be rakcn to stop the maximum anticipated discharge of liquid hydrocarbons from the reservoir; (b) measures available to minimise, control or slop lhe continual flow of oil into the environment. Where appropriate, details of plans to implement the capping of a well, and lhe drilling of a relief well to re-establish primary well control of the original well, should be included to demonstrate that there is adequate planning or provision iD place for these eventualities; (c) an estimate of the maximum duration of the release; (d) a description of how tbe response activities will be coordinated between the operator, regulatory authorities, mutual aid partners and international spill supporl organisations; (e) identifyi ng critical equipment a.nd services necessary to implement any identified intervention option, including- (i) relief well drilling rigs; (ii) intervention equipment; (iii) survey equipment; (iv) contractors and suppliers; (v) transport facilities; (vi) multipurpose service vessels; (vii) other specially -:quipped emergency response vessels such as supply vessels and aircraft; (1) mobilisation plans for personnel, equipment, material and services identified as required for implementation of well c,onlrnl procedures. (2) In the case of well-drilling, every oil pollution emergency plan shall provide instruction on when and how the operator will seek assistance from other stakeholders and external responders, including any dependence on the availability of contractors and supplit!rs and the plan Page - 34 shall outline the roles and responsibilities of the parties and where they fit in the emergency response struch1re.

FOuRTH SCHEDULE APPLICATION FOR MODIFICATION FOR USE OF HAZARDOtS SUBSTANCES Part 1 - Introduction Narr.c cf Jic-cn3ce vr lessee: .......... .. ..... . Name of operator : .. fa.:il:tyhcnvities tc w~:ch fais ::ata sheet relates: Part 2 . Substance Information UJ\ Number. Chcm iczl uamc: ... CAS ~ ember: rradc r.am:(s) ........... ... ...... . .......... AHernalive umut{~}; . ....... ,.,.. ......, .,,, .,,,, ... ,,, ... OSPAR C:w ificat on . c~mrnnen,, Name aJd '.')l;CAS oumber ,,f ind1\~Cual cvm?onents:Port:on by weight (%): Pcr:ion by we~~~~ (%) Physical/Chemical Properties (may be provided in the MSDS): Phviical s'.ale al 2o•c: . 3011mg point range (<<:;: ,............ ....... le ......•.................. I ',1/Eter rea~ti•,iiy: .. Me!nng (four) point ('C) . ,~.. Page - 35 Dee,ity at 20' C Water solubilq . .. .. Kgim3 at .. ...... ·c ~, pl F1ush po:nl (c;CI .. • , • •• , • .. . .. ,. .. • ... ... ... .. .. ... . pH·... . .... . un dJuted ... ...... .. <l1lut,<l ..... . Does rhe preparanon separate in ,:awa:er '.ogive: floating J s:nk111 g o rnlub:e materials c Ye:; n Part 3 - Substance Used and Discharge Proposed c,e: Jrillin~ c ?rr.,ductio:-t 1 '.Jti lities r Cr,m~lerior, o Stimu:ar:cn o Ot1er (sra:e): ,,formal dose rate (lpmfy uniti): ..... .... ..... .. ..... .. frequen:y oftrea:men: . ;ccntb1c,u,l,- l'robab l, ;cslc ur ·~·: ... .."...... ""' ".... .... '" ". kg/Ju), " ...... .. ..... .... " . t~ar.es/yr. Prepared hy: Made this 14th day of July, 2016. Signed Kenred Dorsett Minister responsible for Petroleum Page - 36