(1)  Before commencing, in an adjacent area, the construction or installation of a facility, the operator of the facility must obtain, from the Minister, a consent to construct and install the facility.

(2)  An application for a consent to construct and install is to be lodged in writing with the Minister and contain, or have with it, the following information and material:

(a) the reason, including the geological evidence, for the selection of the proposed location of the facility;

(b) a copy of each report or recommendation about the facility made by a person, or persons, responsible for deciding the criteria for the design of the facility;

(c) those criteria, including –

(i) the depth of the sea and nature of the seabed and subsoil at the proposed location; and

(ii) the maximum and minimum air and sea temperatures, at or near sea level, likely to occur at that location; and

(iii) the characteristics of the waves (including heights, periods and direction) at that location; and

(iv) the relevant water current information for that location; and

(v) the likely maximum wind speeds, prevailing wind directions and estimated maximum 3-second gust speed at that location; and

(vi) details of estimated marine growth on the facility; and

(vii) the estimated worst combination of dead and live loads likely to be applied to the facility; and

(viii) evidence to demonstrate that the criteria take adequate account of the magnitude and distribution of production loads;

(d) any other information or material that the Minister reasonably requires.

(3)  The Minister may grant a consent to construct and install a facility if, and only if –

(a) the Minister has accepted –

(i) the formal safety assessment in respect of the facility; and

(ii) the facility description in respect of the facility; and

(iii) those parts of the safety management system in respect of the facility that relate to the design, construction and installation of the facility; and

(b) the Minister is reasonably satisfied that the construction and installation of the facility is in accordance with all material requirements of –

(i) the safety case in force for the facility; and

(ii) any conditions specified, under subregulation (4)(b) , in the consent to construct and install; and

(iii) the Act; and

(iv) the Schedule of Specific Requirements.

(4)  A consent to construct and install a facility –

(a) is to be given to the operator in writing; and

(b) may specify conditions for the construction and installation of the facility.

(5)  If the Minister decides not to grant a consent to construct and install, the Minister must promptly give to the operator a notice in writing setting out the terms of the decision and the reasons for it.