15172.1-7

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Infrastructure Bill [HL]

Infrastructure Bill [HL]
LORDS AMENDMENTS TO, CONSEQUENTIAL ON, OR IN LIEU OF,
CERTAIN Commons Amendments
[The page and line references are to Bill 124, the bill as first printed for the Commons.]
After Clause 43
COMMONS AMENDMENT 20
Insert the following new 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.
(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

Bill 172

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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.”

LORDS AGREEMENT, AMENDMENT TO THE COMMONS AMENDMENT AND

CONSEQUENTIAL AMENDMENT

The Lords agree with the Commons in their Amendment 20, do propose Amendment 20B

as an amendment thereto; and do propose Amendment 20C as a consequential amendment

to the Bill—
20B
Line 13, leave out from “must” to end of line 17 and insert “—

(a)
lay before Parliament a copy of advice received under subsection

(1) during the reporting period, and

(b)
lay before Parliament a draft of regulations under subsection (3) or

a report under subsection (5).

(3)
Regulations under this subsection are regulations providing for section 38

to cease to have effect to such extent as may be specified in the regulations.

(4)
No provision made in regulations under subsection (3) has effect in relation

to anything done in exercise of the right of use conferred by section 38

before the date on which the regulations come into force.

(5)
A report under this subsection is a report explaining why a draft of

regulations under subsection (3) has not been laid.

(6)
Regulations under this section may make such consequential amendments

or repeals of sections 38 to 43 and this section as the Secretary of State

considers appropriate.”
20C
Page 52, line 31, after “42” insert “or section (Advice on likely impact of onshore

petroleum on the carbon budget)”

COMMONS AMENDMENT 21

Insert the following new Clause—

“Hydraulic fracturing: necessary conditions

Any hydraulic fracturing activity can not take place:

(a)
unless an environmental impact 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;

3

(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.”

LORDS DISAGREEMENT AND AMENDMENTS IN LIEU

The Lords disagree with the Commons in their Amendment 21, but do propose

Amendments 21B, 21C and 21D in lieu—
21B
Insert the following new Clause—

“Onshore hydraulic fracturing: safeguards

After section 4 of the Petroleum Act 1998 insert—

“4A
Onshore hydraulic fracturing: safeguards

(1)
The Secretary of State must not issue a well consent that is required

by an onshore licence for England or Wales unless the well consent

imposes—

(a)
a condition which prohibits associated hydraulic fracturing

from taking place in land at a depth of less than 1000 metres;

and

(b)
a condition which prohibits associated hydraulic fracturing

from taking place in land at a depth of 1000 metres or more

unless the licensee has the Secretary of State’s consent for it

to take place (a “hydraulic fracturing consent”).

(2)
A hydraulic fracturing consent is not to be issued unless an

application for its issue is made by, or on behalf of, the licensee.

(3)
Where an application is made, the Secretary of State may not issue

a hydraulic fracturing consent unless the Secretary of State—

(a)
is satisfied that—

(i)
the conditions in column 1 of the following table are

met, and

(ii)
the conditions in subsection (6) are met, and

(b)
is otherwise satisfied that it is appropriate to issue the

consent.

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(4)
The existence of a document of the kind mentioned in column 2 of

the table in this section is sufficient for the Secretary of State to be

satisfied that the condition to which that document relates is met.

(5)
But the absence of such a document does not prevent the Secretary

of State from being satisfied that that condition is met.

Column 1:
Column 2:

conditions
documents

1
The environmental impact of the
A notice given by the local

development which includes the
planning authority that the

relevant well has been taken into
environmental information was

account by the local planning
taken into account in deciding to

authority
grant the relevant planning

permission

2
Appropriate arrangements have
A certificate given by the Health

been made for the independent
and Safety Executive that it—

inspection of the integrity of the
(a) has received a well notification

relevant well
under regulation 6 of the Borehole

Sites and Operations Regulations

1995,

(b) has received the information

required by regulation 19 of the

Offshore Installations and Wells

(Design and Construction, etc.)

Regulations 1996, and

(c) has visited the site of the

relevant well

3
The level of methane in
An environmental permit has

groundwater has, or will have,
been given by the relevant

been monitored in the period of
environmental regulator which

12 months before the associated
contains a condition that requires

hydraulic fracturing begins
compliance with a waste

management plan which provides

for monitoring of the level of

methane in groundwater in the

period of 12 months before the

associated hydraulic fracturing

begins

4
Appropriate arrangements have
An environmental permit which

been made for the monitoring of
contains a condition requiring

emissions of methane into the air
compliance with a waste

management plan which provides

for the monitoring of emissions of

methane into the air for the

period of the permit

5
The associated hydraulic
A decision document given by the

fracturing will not take place
relevant environmental regulator

within protected groundwater
(in connection with an

source areas
environmental permit) which

indicates that the associated

hydraulic fracturing will not take

place within protected

groundwater source areas

6
The associated hydraulic
A notice given by the local

fracturing will not take place
planning authority that the area

within other protected areas
in respect of which the relevant

planning permission has been

granted does not include any land

which is within any other

protected areas

7
In considering an application for
A notice given by the local

the relevant planning permission,
planning authority that it has

the local planning authority has
taken into account those

(where material) taken into
cumulative effects

account the cumulative effects

of—

(a) that application, and

(b) other applications relating to

exploitation of onshore petroleum

obtainable by hydraulic

fracturing

8
The substances used, or expected
An environmental permit has

to be used, in associated
been given by the relevant

hydraulic fracturing—
environmental regulator which

(a) are approved, or
contains a condition that requires

(b) are subject to approval,
substances used in associated

by the relevant environmental
hydraulic fracturing to be

regulator
approved by that regulator

9
In considering an application for
A notice given by the local

the relevant planning permission,
planning authority that it has

the local planning authority has
considered whether to impose

considered whether to impose a
such a condition

restoration condition in relation

to that development

10
The relevant undertaker has been
A notice given by the local

consulted before grant of the
planning authority that the

relevant planning permission
relevant undertaker has been

consulted

11
The public was given notice of the
A notice given by the local

application for the relevant
planning authority which

planning permission
confirms that the applicant for the

relevant planning permission has

certified that public notification

requirements, as set out in a

development order, have been

met

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(6)
The conditions mentioned in subsection (3)(a)(ii) are—

(a)
that appropriate arrangements have been made for the

publication of the results of the monitoring referred to in

condition 4 in the table;

(b)
that a scheme is in place to provide financial or other benefit

for the local area.

(7)
A hydraulic fracturing consent may be issued subject to any

conditions which the Secretary of State thinks appropriate.

(8)
A breach of such a condition is to be treated as if it were a breach of

a condition of a well consent.

4B
Section 4A: supplementary provision

(1)
“Associated hydraulic fracturing” means hydraulic fracturing of

shale or strata encased in shale which—

(a)
is carried out in connection with the use of the relevant well

to search or bore for or get petroleum, and

(b)
involves, or is expected to involve, the injection of—

(i)
more than 1,000 cubic metres of fluid at each stage,

or expected stage, of the hydraulic fracturing, or

(ii)
more than 10,000 cubic metres of fluid in total.

(2)
For the purposes of deciding the depth at which associated

hydraulic fracturing is taking place in land—

(a)
the depth of a point in land below surface level is the

distance between that point and the surface of the land

vertically above that point; and

(b)
in determining what is the surface of the land, any building

or other structure on the land, and any water covering the

land, must be ignored.

(3)
Subsections (1) and (2) apply for the purposes of section 4A and this

section.

(4)
The Secretary of State must, by regulations made by statutory

instrument, specify—

(a)
the descriptions of areas which are “protected groundwater

source areas”, and

(b)
the descriptions of areas which are “other protected areas”,


for the purposes of section 4A.

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(5)
A statutory instrument which contains regulations under

subsection (4) may not be made unless a draft of the instrument has

been laid before and approved by a resolution of each House of

Parliament.

(6)
The Secretary of State must lay a draft of the first such regulations

before each House of Parliament on or before 31 July 2015.

(7)
The Secretary of State must consult—

(a)
the Environment Agency before making any regulations

under subsection (4)(a) in relation to England;

(b)
the Natural Resources Body for Wales before making any

regulations under subsection (4)(a) in relation to Wales.

(8)
These expressions have the meanings given—

“development order” has the meaning given in section 59 of

the Town and Country Planning Act 1990;

“environmental permit” means a permit granted under

regulation 13 of the Environmental Permitting (England

and Wales) Regulations 2010;

“hydraulic fracturing consent” has the meaning given in

subsection (1)(b);

“licensee” means the holder of the onshore licence for England

or Wales;

“local planning authority” means—

(a)
the planning authority to which the application for

the relevant planning permission was made (unless

the Secretary of State or Welsh Ministers are

responsible for determining the application), or

(b)
the Secretary of State or Welsh Ministers (if

responsible for determining the application);

“onshore licence for England or Wales” means a licence

granted under section 3 which authorises a person to search

or bore for or get petroleum in those parts of the landward

area (within the meaning of the Petroleum Licensing

(Exploration and Production) (Landward Areas)

Regulations 2014) that are in England or Wales or are

beneath waters (other than waters adjacent to Scotland);

“relevant environmental regulator” means—

(a)
the Environment Agency, if the relevant well is

situated in England, or

(b)
the Natural Resources Body for Wales, if the

relevant well is situated in Wales;

“relevant planning permission” means planning permission to

be granted, or granted, in respect of development which

includes the relevant well;

“relevant undertaker” means the water undertaker or

sewerage undertaker in whose area of appointment the

relevant well is located;

“relevant well” means the well to which a well consent relates;

“well consent” means a consent in writing of the Secretary of

State to the commencement of drilling of a well.