Wylie Spicer, QC, Norton Rose Fulbright, looks at two key components affecting LNG terminal construction process the TERMPOL review and the Navigable Waters Act. Covering environmental issues as well as pilotage and competence concerns these two pieces of legislation are an integral part of the LNG terminal construction process.
Termpol, "Technical Review Process of Marine Terminal Systems and Transhipment Sites" can cause significant delays to a project. Focusing on the marine transportation components of a project, it's a voluntary review process but is considered an essential stage in the construction process for LNG terminals in British Columbia. The Enbridge Northern Gateway Project, has a substantial delay by seven years, where the Termpol review process began in 2005 but was then held in advance until 2009 at which time a restart of the review was scheduled. The Termpol committee met again in 2009 and the report was issued in February 2012.
The Navigable Waters Protection Act, "NWPA" is one of the oldest pieces of legislation in Canada and was last amended in the Canadian Parliament on October 18, 2012, having been identified as impediment to economic growth. The modernized NWPA not only promotes safe navigation but focuses also on environmental protection and therefore has a direct impact on LNG terminal construction.
Wylie Spicer is an authority on Maritime Law has more than 35 years’ experience in the shipping and offshore oil and gas industry. In this video he explains more about implications of maritime law for LNG shipping in Canada, including possible amendments to the navigable waters protection act and the Termpol process.
To hear more from industry experts in the LNG Canada community see our LNG Canada Export 2014 Conference programme
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