House of Lords Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Infrastructure Bill [HL]
MARSHALLED LIST OF MOTIONS AND AMENDMENTS
TO BE MOVED
ON CONSIDERATION OF Commons Amendments
[The page and line references are to Bill 124, the bill as first printed for the Commons.]
After Clause 3
Insert the following new Clause—
1
“Route strategies
“(1)
The Secretary of State must from time to time direct a strategic highways
company to prepare proposals for the management and development of
particular highways in respect of which the company is appointed (“a route
strategy”).
(2)
A route strategy must relate to such period as the Secretary of State may
direct.
(3)
The strategic highways company must—
(a)
comply with a direction given to it under subsection (1), and
(b)
publish the route strategy in such manner as the company considers
appropriate.
(4)
A direction under subsection (1) must be published by the Secretary of
State in such manner as he or she considers appropriate.”
Clause 9
Page 6, line 28, at end insert “, and
(c)
the effect of directions and guidance given by the Secretary of State
to a strategic highways company under this Part.”
Page 6, line 42, at end insert—

HL Bill 89—I

2

“(8)
The Secretary of State must lay a report published by the Office under this

section before Parliament.”

Page 6, line 42, at end insert—

“(9)
In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety

Act 2003, after section 15 insert—

““15A15A
Change of name

(1)
The Secretary of State may by regulations make provision for the

body established by section 15 to be known by a different name.

(2)
Regulations under this section may amend this Act or any other

enactment, whenever passed or made.

(3)
Regulations under this section are to be made by statutory

instrument.

(4)
A statutory instrument which contains regulations under this

section is subject to annulment in pursuance of a resolution of either

House of Parliament.””
After Clause 12
Insert the following new Clause—
2
“Periodic reports by the Secretary of State
“(1)
The Secretary of State must from time to time prepare and publish reports
on the manner in which a strategic highways company exercises its
functions.
(2)
The Secretary of State must lay a report prepared under subsection (1)
before Parliament.”
After Clause 18
Insert the following new Clause—
3
“Cycling and Walking Investment Strategies
“(1)
The Secretary of State may at any time—
(a)
set a Cycling and Walking Investment Strategy for England, or
(b)
vary a Strategy which has already been set.
(2)
A Cycling and Walking Investment Strategy is to relate to such period as
the Secretary of State considers appropriate; but a Strategy for a period of
more than five years must be reviewed at least once every five years.
(3)
A Cycling and Walking Investment Strategy must specify—
(a)
objectives to be achieved during the period to which it relates, and
(b)
the financial resources to be made available by the Secretary of State
for the purpose of achieving those objectives.
(4)
The objectives to be achieved may include—

3

(a)
activities to be performed;

(b)
results to be achieved;

(c)
standards to be met.

(5)
Before setting or varying a Cycling and Walking Investment Strategy the

Secretary of State must consult such persons as he or she considers

appropriate.

(6)
In considering whether to vary a Cycling and Walking Investment Strategy

the Secretary of State must have regard to the desirability of maintaining

certainty and stability in respect of Cycling and Walking Investment

Strategies.

(7)
A Cycling and Walking Investment Strategy must be published in such

manner as the Secretary of State considers appropriate.

(8)
Where a Cycling and Walking Investment Strategy has been published the

Secretary of State must from time to time lay before Parliament a report on

progress towards meeting its objectives.

(9)
If a Cycling and Walking Investment Strategy is not currently in place, the

Secretary of State must—

(a)
lay before Parliament a report explaining why a Strategy has not

been set, and

(b)
set a Strategy as soon as may be reasonably practicable.”
Clause 20
Page 13, line 8, at end insert “or
(c)
a person who for the time being exercises powers of management
or control over the land.”
Page 14, line 23, at end insert—
“Notice of compliance
8A
Where an environmental authority considers that an owner of premises
has complied with all the requirements in a species control agreement to
carry out species control operations, the authority must give the owner
notice to that effect.”
Clause 21
Page 23, line 4, at end insert—
“NOTE. The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.”
Page 23, line 8, at end insert—

“Beaver, Eurasian (but not in
         Castor fiber”

relation to Wales)

4

Page 23, line 9, at end insert—

“NOTE. The common name or names given in the first column of this Schedule are

included by way of guidance only; in the event of any dispute or proceedings, the

common name or names shall not be taken into account.”
After Clause 26
Insert the following new Clause—
4
“Mayoral development orders
“(1)
Schedule (Mayoral development orders) (Mayoral development orders) has
effect.
(2)
The Secretary of State may by regulations make consequential provision in
connection with any provision made by that Schedule.
(3)
Regulations under this section may amend, repeal, revoke or otherwise
modify the application of any enactment (but, in the case of an Act, only if
the Act was passed before the end of the Session in which this Act is
passed).
(4)
In this section “enactment” includes an enactment comprised in
subordinate legislation within the meaning of the Interpretation Act 1978.”
Clause 28
Page 33, line 21, leave out “which is” and insert “the freehold interest in which
was”
After Clause 28
Insert the following new Clause—
5
“Expenditure of Greater London Authority on housing or regeneration
(1)
In section 31 of the Greater London Authority Act 1999 (limits of the
general power) after subsection (5A) insert—
“(5B)
Nothing in subsection (1)(a) above shall be taken to prevent the
Authority incurring expenditure in doing anything for the
purposes of, or relating to, housing or regeneration.”
(2)
The amendment made by subsection (1) applies in relation to expenditure
incurred before as well as after the coming into force of this section.”
Clause 38
Page 45, line 23, leave out subsection (5)
Clause 39
Page 46, line 12, leave out “or delict”

5

Clause 42
Page 47, line 39, leave out “the Scottish Ministers or”
Clause 43
Page 48, line 34, leave out from “area”” to end of line 36 and insert “means those
parts of the landward area (within the meaning of the Petroleum Licensing
(Exploration and Production) (Landward Areas) Regulations 2014) that are in
England and Wales or are beneath waters (other than waters adjacent to
Scotland);”
Page 48, line 46, leave out from beginning to end of line 47
After Clause 43
Insert the following new Clause—
6
“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
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.”
20A
Baroness Kramer to move, That this House do 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—

6
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)”

Insert the following new Clause—

7
“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;

(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.”

7
21A
Baroness Kramer to move, That this House do disagree with the Commons in

their Amendment 21 but do propose Amendments 21B, 21C and 21D in lieu—
21B
Insert the following new Clause—

8
“Onshore hydraulic fracturing: safeguards

After section 4 of the Petroleum Act 1998 insert—

““4A15A
Onshore hydraulic fracturing: safeguards

(6)
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”).

(7)
A hydraulic fracturing consent is not to be issued unless an

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

(8)
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.

(9)
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.

(10)
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

115

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

122
met



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