House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill: 26 January 2015
1488

Infrastructure Bill-[Lords], continued

(2)
The Health and Safety Executive will be responsible for monitoring the

requirement under subsection (1).”

Caroline Lucas

Norman Baker

Mr Adrian Sanders

Stephen Lloyd

Mr Michael Thornton

John McDonnell

Jeremy Corbyn

Dr Julian Huppert

Mr Alan Reid

50

Page  39,  line  12,  leave out Clause 37.

Member’s explanatory statement

This deletes the Clause that puts into primary legislation a new duty to maximise the economic

recovery of UK oil and gas.

Joan Walley

Mark Lazarowicz

Caroline Lucas

Dr Matthew Offord

Mrs Caroline Spelman

Dr Alan Whitehead

Zac Goldsmith

Katy Clark

Martin Caton

Dr Julian Huppert

John McDonnell

68

Clause  37,  page  39,  line  17,  leave out “the objective of maximising the economic

recovery of UK petroleum, in particular through” and insert “not the objective of

maximising the economic recovery of UK petroleum but ensuring that fossil fuel

emissions are limited to the carbon budgets advised by the Committee on Climate Change

and introducing a moratorium on the hydraulic fracturing of shale gas deposits in order to

reduce the risk of carbon budgets being breached, in particular through—”

Member’s explanatory statement

This reflects the conclusions from an inquiry into the Environmental risks of fracking by the

Environmental Audit Committee, whose report is published on 26 January (Eighth Report, HC

856).

Caroline Lucas

Dr Julian Huppert

Joan Walley

John McDonnell

Jeremy Corbyn

73

Clause  37,  page  39,  line  31,  at end insert—

“(3A)
A strategy must be compatible with the Climate Change Act 2008.”

Member’s explanatory statement

This would require strategies drawn up under clause 37 on maximising the economic recovery of

Consideration of Bill: 26 January 2015
1489

Infrastructure Bill-[Lords], continued

oil and gas to be compatible with the Climate Change Act 2008, thereby avoiding the risk that the

Secretary of State could, as a result of clause 37, be required to fulfil conflicting duties.

Caroline Lucas

Norman Baker

Helen Jones

Mr Adrian Sanders

Stephen Lloyd

Ms Margaret Ritchie

Mr Michael Thornton

John McDonnell

Jeremy Corbyn

Dr Julian Huppert

Sir William Cash

51

Page  45,  line  22,  leave out Clauses 39 to 44.

Member’s explanatory statement

This deletes the Clauses that seek to change the trespass law and introduce a new right to use deep-

level land, which would allow fracking companies to drill beneath people’s homes and land

without their permission and to leave any substance or infrastructure in the land.

Dr Julian Huppert

Martin Horwood

Mr Adrian Sanders

Mr John Leech

Norman Baker

Stephen Lloyd

Annette Brooke

Mr Michael Thornton

Mr Alan Reid

Mr Mark Williams

Tim Farron

44

Clause  39,  page  45,  line  25,  leave out “petroleum or deep geothermal energy” and

insert—

“(a)
petroleum; or

(b)
deep geothermal energy.

(1A)
The right under (1)(a) only applies if the Committee on Climate Change’s most

recent report under section (Committee on Climate Change Shale Gas Reports)

concludes that shale gas exploitation leads to a net reduction of UK carbon

emissions.

(1B)
The carrying out of hydraulic fracturing in connection with the exploitation of

unconventional petroleum is not allowed unless the Committee on Climate

Change’s most recent report under section (Committee on Climate Change Shale

Shale Gas Reports) concludes that shale gas exploitation leads to a net reduction

of UK carbon emissions.”

John Mann

Andrew Percy

Yasmin Qureshi

Martin Caton

47

Clause  39,  page  45,  line  27,  leave out from “if” to end of line 29 and insert—

“(a)
it is deep-level land,

(b)
it is within a landward area, and

Consideration of Bill: 26 January 2015
1490

Infrastructure Bill-[Lords], continued

(c)
the well shaft is not within two kilometres of any village or town.”

Miss Anne McIntosh

Ms Margaret Ritchie

56

Clause  39,  page  45,  line  29,  at end insert—

“(c)
subject to the agreement of the owner of any land altered by the use.”

Sir John Randall

Zac Goldsmith

Mrs Cheryl Gillan

John McDonnell

83

Clause  39,  page  45,  line  29,  at end insert—

“(c)
outside:

(i)
Special Areas of Conservation under the Conservation (Natural

Habitats, &c.) Regulations 1994,

(ii)
Special Protection Ares under the Wildlife and Countryside Act

1981,

(iii)
Sites of Special Scientific Interest under the Wildlife and

Countryside Act 1981,

(iv)
National Parks under the National Parks and Access to the

Countryside Act 1949,

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

(vi)
Areas of Outstanding Natural Beauty under section 82 of the

Countryside and Rights of Way Act 2000.”

Andrew Miller

117

Clause  39,  page  45,  line  29,  at end add—

“(c)
subject to the prior collation of existing environmental data and that data

is published in a form that enables it to be subject to scientific peer

review.”

Miss Anne McIntosh

Ms Margaret Ritchie

57

Clause  39,  page  45,  line  32,  at end insert—

“(3A)

(a)
The right of use shall be subject to the precautionary principle being

applied;

(b)
The Environment Agency will determine whether the condition under

paragraph (a) has been met; and

(c)
In this section, “precautionary principle” shall mean that no land is used

for the purposes of exploiting petroleum or deep geothermal energy

unless it is proved that it is not harmful to the environment.”

Tom Greatrex

Richard Burden

Roberta Blackman-Woods

3

Clause  39,  page  45,  line  33,  leave out “300 metres” and insert “1,000 metres”

Consideration of Bill: 26 January 2015
1491

Infrastructure Bill-[Lords], continued

Miss Anne McIntosh

Joan Walley

65

Clause  39,  page  45,  line  33,  leave out “300 metres” and insert “950 metres”

Secretary Patrick McLoughlin

86

Clause  39,  page  45,  line  34,  leave out subsection (5)

Member’s explanatory statement

This amendment, which removes a restriction on the exercise of the right of use in Scotland, is

consequential on amendments 96 to 99 (under which the right of use will not be exercisable in

Scotland).

Tom Greatrex

Richard Burden

Roberta Blackman-Woods

2

Clause  39,  page  45,  line  36,  at end insert—

“(6)
The Secretary of State shall, before the award of licences in relation to the use of

deep-level land for onshore oil and gas exploration, issue additional planning

guidance introducing a presumption against such developments within or under

protected areas.”

Norman Baker

Caroline Lucas

Mr Adrian Sanders

Stephen Lloyd

Annette Brooke

John McDonnell

Jeremy Corbyn

Dr Julian Huppert

48

Clause  39,  page  45,  line  36,  at end insert—

“(6)
The Secretary of State shall prevent the exploitation of shale oil or gas if either a

water company or the Environment Agency credibly asserts that to do otherwise

would—

(a)
create substantial risks to public health due to potential contamination of

groundwaters from the extraction process; or

(b)
create substantial risks to nearby surface waters due to potential

contamination from flowback and waste water arising from hydraulic

fracturing activity; or

(c)
create substantial risks to the nearby environment due to potential

contamination from flowback and waste water arising from hydraulic

fracturing activity.”

Caroline Lucas

John McDonnell

Jeremy Corbyn

Dr Julian Huppert

49

Clause  39,  page  45,  line  36,  at end insert—

“(5A)
The use of hydraulic fracturing in connection with the exploitation of

unconventional petroleum shall be prohibited.

Consideration of Bill: 26 January 2015
1492

Infrastructure Bill-[Lords], continued

(5B)
For the purposes of subsection (5A), “unconventional petroleum” means

petroleum which does not flow readily to the wellbore.

(5C)
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.

(4B)
For the purposes of subsection (4A), “unconventional petroleum” has the

meaning set out in section 38(5B) of the Infrastructure Act [2015].””

Member’s explanatory statement

This amendment would ban fracking (the use of high volume hydraulic fracturing to extract oil and

gas) in the UK.

Mr Elfyn Llwyd

Hywel Williams

Jonathan Edwards

Mr Mark Williams

Roger Williams

66

Clause  39,  page  45,  line  36,  at end insert—

“(6)
This section shall not extend to Wales unless an order authorising it has been

passed by the National Assembly for Wales.

(7)
An order under subsection (6) may contain any conditions which the Assembly

deems appropriate.”

Dr Alan Whitehead

Joan Walley

John McDonnell

82

Clause  39,  page  45,  line  36,  at end insert—

“(5A)
The Secretary of State shall be required to commission and consider reports on—

(a)
The cumulative impacts of water use in hydraulic fracking of exploratory

and productive gas wells;

(b)
The cumulative impacts of flowback and waste water arising from

hydraulic fracking activity; and

(c)
The cumulative impacts on communities of road and vehicle movements

from hydraulic fracking activity


Before providing any permissions for exploitation of petroleum on deep level

land where one or more exploitation facility exists within one mile of a proposed

site.”

Miss Anne McIntosh

Ms Margaret Ritchie

60

Clause  40,  page  46,  line  6,  at end insert—

“(f)
any substance used for the purposes of paragraph (d) must be—

(i)
approved by the Environment Agency; and

(ii)
publicly declared by the operator.”

Consideration of Bill: 26 January 2015
1493

Infrastructure Bill-[Lords], continued

Tom Greatrex

Richard Burden

Roberta Blackman-Woods

1

Clause  40,  page  46,  line  17,  at end insert—

“(3A)
Before a well design is commenced or adopted in connection with the

exploitation of petroleum, the right of use requires the Health and Safety

Executive to inspect the well so as to satisfy itself that—

(a)
so far as is reasonably practicable, there can be no unplanned escape of

fluids from the well; and

(b)
risks to the health and safety of persons from it or anything in it, or in

strata to which it is connected, are as low as is reasonably practicable.

(3B)
Where the Health and Safety Executive is satisfied that a condition in subsection

(3A ) is met, it shall give notice to the Secretary of State.

(3C)
The Secretary of State shall publish the information received from the Health and

Safety Executive in accordance with subsection (3A ).”

Miss Anne McIntosh

59

Clause  40,  page  46,  line  17,  at end insert—

“(3A)
The right of use shall be conditional on operators ensuring the—

(a)
safe conveyance of wastewater from the site to a safe place of storage;

(b)
effective treatment and disposal of wastewater from the site; and

(c)
publication of the details of the treatment and disposal of wastewater

under sub-paragraph (ii).”

Miss Anne McIntosh

128


Clause  40,  page  46,  line  17,  at end insert—

“(3A)
The Town and Country Planning (Development Management Procedure)

(England) Order 2010 is amended to include the relevant water company as a

statutory consultee for planning applications relating to onshore oil and gas

operations.”

Miss Anne McIntosh

129


Clause  40,  page  46,  line  17,  at end insert—

“(3A)
The Town and Country Planning (Development Management Procedure)

(England) Order 2010 is amended to include the relevant internal drainage board

as a statutory consultee for planning applications relating to onshore oil and gas

operations.”

Secretary Patrick McLoughlin

87

Clause  40,  page  46,  line  26,  leave out “or delict”

Member’s explanatory statement

This amendment, which removes a limitation on a person’s liability in the Scottish law of delict in

respect of exercise of the right of use, is consequential on amendments 96 to 99 (under which the

right of use will not be exercisable in Scotland).

Consideration of Bill: 26 January 2015
1494

Infrastructure Bill-[Lords], continued

Nick Herbert

Sir Nicholas Soames

Eric Ollerenshaw

Mark Menzies

Andrew Percy

Sir Peter Bottomley

Dr Julian Lewis

Gordon Henderson

78

Clause  41,  page  46,  line  41,  leave out “may” and insert “shall”

Nick Herbert

Sir Nicholas Soames

Eric Ollerenshaw

Mark Menzies

Andrew Percy

Sir Peter Bottomley

Dr Julian Lewis

Gordon Henderson

79

Clause  41,  page  46,  line  44,  leave out “may” and insert “shall”

Miss Anne McIntosh

61

Clause  41,  page  47,  line  2,  at end insert—

“(c)
to compulsorily purchase properties in the event of blight from the

activities of the extraction and exploitation of petroleum and geothermal

energy in deep-level land.”

Nick Herbert

Sir Nicholas Soames

Eric Ollerenshaw

Mark Menzies

Andrew Percy

Sir Peter Bottomley

Dr Julian Lewis

Gordon Henderson

80

Clause  41,  page  47,  line  4,  after “the”, insert “minimum”

Nick Herbert

Sir Nicholas Soames

Eric Ollerenshaw

Mark Menzies

Andrew Percy

Sir Peter Bottomley

Dr Julian Lewis

Gordon Henderson

81

Clause  41,  page  47,  line  5,  after “payments”, insert “which shall be calculated as a

percentage of the gross value of the gas extracted”



© Parliamentary copyright	Revised 26 January 2015