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| | Page 39, line 12, leave out Clause 37. |
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| | Clause 37, page 39, line 17, leave out “the objective of maximising the economic |
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| | recovery of UK petroleum, in particular through” and insert “not the objective of |
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| | maximising the economic recovery of UK petroleum but ensuring that fossil fuel |
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| | emissions are limited to the carbon budgets advised by the Committee on Climate Change |
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| | and introducing a moratorium on the hydraulic fracturing of shale gas deposits in order to |
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| | reduce the risk of carbon budgets being breached, in particular through—” |
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| | Clause 37, page 39, line 31, at end insert— |
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| | | “(3A) | A strategy must be compatible with the Climate Change Act 2008.” |
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| | Page 45, line 22, leave out Clauses 39 to 44. |
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| | Clause 39, page 45, line 25, leave out “petroleum or deep geothermal energy” and |
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| | | (b) | deep geothermal energy. |
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| | | (1A) | The right under (1)(a) only applies if the Committee on Climate Change’s most |
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| | | recent report under section (Committee on Climate Change Shale Gas Reports) |
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| | | concludes that shale gas exploitation leads to a net reduction of UK carbon |
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| | | (1B) | The carrying out of hydraulic fracturing in connection with the exploitation of |
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| | | unconventional petroleum is not allowed unless the Committee on Climate |
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| | | Change’s most recent report under section (Committee on Climate Change Shale |
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| | | Shale Gas Reports) concludes that shale gas exploitation leads to a net reduction |
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| | Clause 39, page 45, line 27, leave out from “if” to end of line 29 and insert— |
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| | | “(a) | it is deep-level land, |
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| | | (b) | it is within a landward area, and |
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| | | (c) | the well shaft is not within two kilometres of any village or town.” |
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| | Clause 39, page 45, line 29, at end insert— |
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| | | “(c) | subject to the agreement of the owner of any land altered by the use.” |
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| | Clause 39, page 45, line 29, at end insert— |
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| | | (i) | Special Areas of Conservation under the Conservation (Natural |
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| | | Habitats, &c.) Regulations 1994, |
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| | | (ii) | Special Protection Ares under the Wildlife and Countryside Act |
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| | | (iii) | Sites of Special Scientific Interest under the Wildlife and |
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| | | (iv) | National Parks under the National Parks and Access to the |
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| | | (v) | The Broads under the Norfolk and Suffolk Broads Act 1988, and |
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| | | (vi) | Areas of Outstanding Natural Beauty under section 82 of the |
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| | | Countryside and Rights of Way Act 2000.” |
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| | Clause 39, page 45, line 29, at end add— |
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| | | “(c) | subject to the prior collation of existing environmental data and that data |
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| | | is published in a form that enables it to be subject to scientific peer |
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| | Clause 39, page 45, line 32, at end insert— |
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| | | (a) | The right of use shall be subject to the precautionary principle being |
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| | | (b) | The Environment Agency will determine whether the condition under |
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| | | paragraph (a) has been met; and |
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| | | (c) | In this section, “precautionary principle” shall mean that no land is used |
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| | | for the purposes of exploiting petroleum or deep geothermal energy |
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| | | unless it is proved that it is not harmful to the environment.” |
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| | Clause 39, page 45, line 33, leave out “300 metres” and insert “1,000 metres” |
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| | Clause 39, page 45, line 33, leave out “300 metres” and insert “950 metres” |
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| | Secretary Patrick McLoughlin |
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| | Clause 39, page 45, line 34, leave out subsection (5) |
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| | Clause 39, page 45, line 36, at end insert— |
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| | | “(6) | The Secretary of State shall, before the award of licences in relation to the use of |
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| | | deep-level land for onshore oil and gas exploration, issue additional planning |
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| | | guidance introducing a presumption against such developments within or under |
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| | Clause 39, page 45, line 36, at end insert— |
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| | | “(6) | The Secretary of State shall prevent the exploitation of shale oil or gas if either a |
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| | | water company or the Environment Agency credibly asserts that to do otherwise |
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| | | (a) | create substantial risks to public health due to potential contamination of |
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| | | groundwaters from the extraction process; or |
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| | | (b) | create substantial risks to nearby surface waters due to potential |
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| | | contamination from flowback and waste water arising from hydraulic |
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| | | (c) | create substantial risks to the nearby environment due to potential |
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| | | contamination from flowback and waste water arising from hydraulic |
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| | Clause 39, page 45, line 36, at end insert— |
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| | | “(5A) | The use of hydraulic fracturing in connection with the exploitation of |
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| | | unconventional petroleum shall be prohibited. |
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| | | (5B) | For the purposes of subsection (5A), “unconventional petroleum” means |
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| | | petroleum which does not flow readily to the wellbore. |
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| | | (5C) | In section 3 of the Petroleum Act 1998, at the end of subsection (4) add “and |
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| | | (4A) | Nothing in this section permits the grant of a licence to search and bore |
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| | | for and get unconventional petroleum in Great Britain. |
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| | | (4B) | For the purposes of subsection (4A), “unconventional petroleum” has the |
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| | | meaning set out in section 38(5B) of the Infrastructure Act [2015].”” |
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| | Clause 39, page 45, line 36, at end insert— |
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| | | “(6) | This section shall not extend to Wales unless an order authorising it has been |
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| | | passed by the National Assembly for Wales. |
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| | | (7) | An order under subsection (6) may contain any conditions which the Assembly |
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| | Clause 39, page 45, line 36, at end insert— |
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| | | “(5A) | The Secretary of State shall be required to commission and consider reports on— |
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| | | (a) | The cumulative impacts of water use in hydraulic fracking of exploratory |
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| | | and productive gas wells; |
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| | | (b) | The cumulative impacts of flowback and waste water arising from |
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| | | hydraulic fracking activity; and |
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| | | (c) | The cumulative impacts on communities of road and vehicle movements |
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| | | from hydraulic fracking activity |
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| | | | Before providing any permissions for exploitation of petroleum on deep level |
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| | | land where one or more exploitation facility exists within one mile of a proposed |
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| | Clause 40, page 46, line 6, at end insert— |
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| | | “(f) | any substance used for the purposes of paragraph (d) must be— |
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| | | (i) | approved by the Environment Agency; and |
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| | | (ii) | publicly declared by the operator.” |
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| | Clause 40, page 46, line 17, at end insert— |
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| | | “(3A) | Before a well design is commenced or adopted in connection with the |
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| | | exploitation of petroleum, the right of use requires the Health and Safety |
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| | | Executive to inspect the well so as to satisfy itself that— |
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| | | (a) | so far as is reasonably practicable, there can be no unplanned escape of |
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| | | fluids from the well; and |
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| | | (b) | risks to the health and safety of persons from it or anything in it, or in |
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| | | strata to which it is connected, are as low as is reasonably practicable. |
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| | | (3B) | Where the Health and Safety Executive is satisfied that a condition in subsection |
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| | | (3A ) is met, it shall give notice to the Secretary of State. |
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| | | (3C) | The Secretary of State shall publish the information received from the Health and |
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| | | Safety Executive in accordance with subsection (3A ).” |
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| | Clause 40, page 46, line 17, at end insert— |
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| | | “(3A) | The right of use shall be conditional on operators ensuring the— |
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| | | (a) | safe conveyance of wastewater from the site to a safe place of storage; |
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| | | (b) | effective treatment and disposal of wastewater from the site; and |
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| | | (c) | publication of the details of the treatment and disposal of wastewater |
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| | | under sub-paragraph (ii).” |
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| | 
| Clause 40, page 46, line 17, at end insert— |
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| | | “(3A) | The Town and Country Planning (Development Management Procedure) |
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| | | (England) Order 2010 is amended to include the relevant water company as a |
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| | | statutory consultee for planning applications relating to onshore oil and gas |
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| | | Clause 40, page 46, line 17, at end insert— |
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| | | “(3A) | The Town and Country Planning (Development Management Procedure) |
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| | | (England) Order 2010 is amended to include the relevant internal drainage board |
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| | | as a statutory consultee for planning applications relating to onshore oil and gas |
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| | | |
| | Secretary Patrick McLoughlin |
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| | Clause 40, page 46, line 26, leave out “or delict” |
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| | Clause 41, page 46, line 41, leave out “may” and insert “shall” |
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| | Clause 41, page 46, line 44, leave out “may” and insert “shall” |
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| | Clause 41, page 47, line 2, at end insert— |
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| | | “(c) | to compulsorily purchase properties in the event of blight from the |
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| | | activities of the extraction and exploitation of petroleum and geothermal |
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| | | energy in deep-level land.” |
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| | Clause 41, page 47, line 4, after “the”, insert “minimum” |
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| | Clause 41, page 47, line 5, after “payments”, insert “which shall be calculated as a |
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| | percentage of the gross value of the gas extracted” |
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| | Clause 42, page 47, line 19, leave out sub-paragraphs (i) and (ii) and insert “to |
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| | persons of specified descriptions” |
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| | Clause 42, page 47, line 22, leave out “within the area” and insert “on the Parish |
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