House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

1437

House of Commons

Notices of Amendments

given up to and including

Thursday 22 January 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Consideration of Bill

Infrastructure Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Infrastructure Bill

[Lords] Programme (No. 2) to be proposed by Secretary Patrick McLaughlin.

New clauses, new schedules, amendments to clauses and amendments to

schedules relating to part 5

Secretary Patrick McLaughlin

NC15


To move the following Clause—


“Advice on likely impact of onshore petroleum on the carbon budget

(1)
The Secretary of State must from time to time request the Committee on Climate

Change to provide advice (in accordance with section 38 of the CCA 2008) on the

impact which combustion of, and fugitive emissions from, petroleum got through

onshore activity is likely to have on the Secretary of State’s ability to meet the

duties imposed by—

(a)
section 1 of the CCA 2008 (net UK carbon account target for 2050), and

(b)
section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed

carbon budget).

(2)
As soon as practicable after each reporting period, the Secretary of State must

produce a report setting out the conclusions that the Secretary of State has reached

after considering the advice provided by the Committee on Climate Change

during that reporting period in response to any request made under subsection (1).

(3)
The Secretary of State must lay a copy of any such report before Parliament.

Notices of Amendments:
1438

, continued

(4)
In this section—

“CCA 2008” means the Climate Change Act 2008;

“petroleum got through onshore activity” means petroleum got from the

strata in which it exists in its natural condition by activity carried out on

land in England and Wales (excluding land covered by the sea or any

tidal waters);

“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998

(see section 1 of that Act);

“reporting period” means—

(a)
the period ending with 1 April 2016, and

(b)
each subsequent period of 5 years.”

Member’s explanatory statement

This amendment requires the Secretary of State to seek advice from the Committee on Climate

Change on the likely impact of petroleum (including natural gas) produced onshore in England

and Wales, and to report periodically on the conclusions reached as result of the advice given.

Tom Greatrex

Richard Burden

Roberta Blackman-Woods

NC1

To move the following Clause—


“Hydraulic fracturing

(1)
The Environmental Permitting (England and Wales) Regulations 2010, Schedule

1, Part 2, Chapter 1, is amended as follows:

(2)
After Section 1.2 insert—

    “SECTION 1.3

Hydraulic Fracturing Activities


Part A(1)

(a)
carrying out exploration or assessments prior to hydraulic

fracturing;

(b)
drilling wells for use in hydraulic fracturing;

(c)
process of hydraulic fracturing;

(d)
decommissioning and long-term maintenance of hydraulic

fracturing wells.””

Notices of Amendments:
1439

, continued

Tom Greatrex

Richard Burden

Roberta Blackman-Woods

NC2

To move the following Clause—


“Shale gas extraction: devolution

(1)
The Scotland Act 1998 is amended as follows:

(2)
In Schedule 5, Part II, section D2, after “gas other than through pipes,”, insert—

“( )
The licensing of onshore shale gas extraction underlying Scotland.

( )
Responsibility for mineral access rights for onshore extraction of shale

gas in Scotland.””

Dr Julian Huppert

Martin Horwood

Mr Adrian Sanders

Mr John Leech

Norman Baker

Stephen Lloyd

Paul Burstow

Annette Brooke

Mr Mark Williams

NC4

To move the following Clause—


“Committee on Climate Change shale gas reports

It shall be a duty of the Committee on Climate Change to produce Reports into

the effects of exploitation of shale gas in the UK on net carbon emissions from

the UK.”

Norman Baker

Dr Julian Huppert

Caroline Lucas

Mr Adrian Sanders

Stephen Lloyd

Annette Brooke

Martin Horwood

Mr Michael Thornton

John McDonnell

Jeremy Corbyn

Mr Mark Williams

NC6

To move the following Clause—


“Hydraulic Fracturing exclusion zones

(1)
The Petroleum Act 1998 is amended as follows.

Notices of Amendments:
1440

, continued

(2)
In Section 3, after subsection (4), insert—

“(5)
No licences shall be granted to search and bore for petroleum in protected

areas using the process of hydraulic fracturing.

(6)
For the purposes of this section, “protected area” means—

(a)
special areas of conservation under the Conservation (Natural

Habitats, &c) Regulations 1994,

(b)
special protection areas under the Wildlife and Countryside Act

1981,

(c)
sites of special scientific interest under the Wildlife and

Countryside Act 1981,

(d)
national parks under the National Parks and Access to the

Countryside Act 1949,

(e)
The Broads under the Norfolk and Suffolk Broads Act 1988, and

(f)
areas of outstanding natural beauty under the Countryside and

Rights of Way Act 2000.”

Miss Anne McIntosh

NC7

To move the following Clause—


“Environmental Impact Assessment: publication

(1)
Any Environmental Statement undertaken in respect of the possible exploitation

of petroleum or deep geothermal energy, under the Town and Country Planning

(Environmental Impact Assessment) Regulations 2011, must be publicised

before a planning application is submitted to the local planning authority and/or

the Secretary of State.

(2)
The publication of an Environmental Statement under subsection (1) must be in

accordance with the procedures set out in Article 13 of the Town and Country

Planning (Development Management Procedure) (England) Order 2010.”

Miss Anne McIntosh

Ms Margaret Ritchie

NC8

To move the following Clause—


“Impact on rural communities

The Secretary of State for Environment, Food and Rural Affairs must, within one

month of this Act receiving Royal Assent, lay before the House of Commons the

full report on Shale Gas Rural Economy Impacts.”

Notices of Amendments:
1441

, continued

Yasmin Qureshi

Mr Roger Godsiff

Geraint Davies

Martin Caton

Mr Michael Thornton

John Mann

Caroline Lucas

Hywel Williams

Dr Julian Huppert

Dr Alan Whitehead

Mr Mark Williams

Joan Walley

NC9


To move the following Clause—


“Moratorium on onshore unconventional petroleum

(1)
All use of land for development consisting of the exploitation of unconventional

petroleum in Great Britain shall be discontinued during the relevant period.

(2)
The Secretary of State must ensure that an independent assessment is undertaken

of the exploitation of unconventional petroleum in Great Britain including the use

of high volume hydraulic fracturing.

(3)
The assessment must take account of the impacts of the exploitation of the

unconventional petroleum on—

(a)
climate change;

(b)
the environment;

(c)
health and safety; and

(d)
the economy.

(4)
The Secretary of State must—

(a)
consult such persons as the Secretary of State thinks fit; and

(b)
publish the assessment


within the relevant period.

(5)
For the purposes of subsections (1) to (4)—

“relevant period” means a period of not less than 18 months and not more

than 30 months commencing on the date two months after Royal Assent;

“unconventional petroleum” means petroleum which does not flow readily

to the wellbore.

(6)
In section 3 of the Petroleum Act 1998, at the end of subsection (4) add “and

subsection (4A).

(4A)
Nothing in this section permits the grant of a licence to search and bore

for and get unconventional petroleum in Great Britain during the relevant

period.

(4B)
For the purposes of subsection (4A) “relevant period” and

“unconventional petroleum” have the meaning specified in section

[Moratorium on onshore unconventional petroleum] of the Infrastructure

Act 2015.”

Notices of Amendments:
1442

, continued

Charles Hendry

Joan Walley

Dan Byles

Paul Farrelly

Peter Aldous

Mrs Mary Glindon

Sir Robert Smith [R]

John Hemming

Mr Graham Brady

Mr Graham Stuart

NC10


To move the following Clause—


“The security of supply of gas

(1)
The Secretary of State shall, in accordance with section 4AA of the Gas Act 1986

and so far as it appears to him practicable from time to time, keep under review

whether further measures may be appropriate in order to protect the interests of

existing and future consumers in relation to the security of the supply of gas to

them.

(2)
For the purposes of subsection (1), the Secretary of State may direct the Gas and

Electricity Markets Authority to conduct a Significant Code Review in relation to

whether modifications to licences granted under Part 1 of the Gas Act 1986 or to

the Uniform Network Code are appropriate in order to underpin the demand for

and the security of supply of gas.

(3)
For the purposes of this section—

“consumers”, for the avoidance of doubt, includes domestic and non-

domestic consumers;

“Significant Code Review” has the meaning given in Standard Special

Condition A11 (24) of licences granted under section 7 of the Gas Act

1986;

“Uniform Network Code” means the document of that title required to be

prepared pursuant to Standard Special Condition A11 of licences granted

under section 7 of the Gas Act 1986.

Charles Hendry [R]

Joan Walley

Dan Byles

Paul Farrelly

Peter Aldous

Mrs Mary Glindon

Sir Robert Smith [R]

John Hemming

Mr Graham Brady

Mr Graham Stuart

NC11


To move the following Clause—


“Annual report by Secretary of State on security of energy supplies

(1)
Section 172 of the Energy Act 2004 (annual report on security of energy supplies)

is amended as follows.

(2)
In subsection (2), at the end insert—

Notices of Amendments:
1443

, continued

“(e)
the security of supply of gas to consumers in Great Britain, including

available storage capacity, and any appropriate remedial measures.””

Tom Greatrex

Caroline Flint

NC19


To move the following Clause—


“Hydraulic fracturing: necessary conditions

Any hydraulic fracturing activity can not take place:

(a)
unless an environmental imapct assessment has been carried out;

(b)
unless independent inspections are carried out of the integrity of wells

used;

(c)
unless monitoring has been undertaken on the site over the previous 12

month period;

(d)
unless site-by-site measurement, monitoring and public disclosure of

existing and future fugitive emissions is carried out;

(e)
in land which is located within the boundary of a groundwater source

protection zone;

(f)
within or under protected areas;

(g)
in deep-level land at depths of less than 1,000 metres;

(h)
unless planning authorities have considered the cumulative impact of

hydraulic fracturing activities in the local area;

(i)
unless a provision is made for community benefit schemes to be provided

by companies engaged in the extraction of gas and oil rock;

(j)
unless residents in the affected area are notified on an individual basis;

(k)
unless substances used are subject to approval by the Environment

Agency

(l)
unless land is left in a condition required by the planning authority, and

(m)
unless water companies are consulted by the planning authority.”

Member’s explanatory statement

The purpose of this new clause is to ensure that shale gas exploration and extraction can only

proceed with appropriate regulation and comprehensive monitoring and to ensure that any

activity is consistent with climate change obligations and local environmental considerations.

Miss Anne McIntosh

NC25


To move the following Clause—


“Seismic activity: monitoring

(1)
Any operator will be obliged to cease hydraulic fracturing activity if a tremor of

magnitude 0.5 or greater is detected.



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