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Amendments relating to Chapters 2 and 3 of Part 1 |
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Food and Environment Protection Act 1985 (c. 48) |
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1 | The Food and Environment Protection Act 1985 is amended as follows. |
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2 | In section 7A (regulation of deposits made in the sea: exclusion of certain oil |
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(a) | the existing provision becomes subsection (1), and |
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(b) | after that subsection insert— |
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“(2) | Nothing in this Part of this Act applies to anything done in |
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the course of carrying on an activity for which a licence under |
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section 3 or 17 of the Energy Act 2008 is required (gas |
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unloading, storage and recovery, and carbon dioxide |
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(3) | For this purpose, activities are to be regarded as activities for |
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which such a licence is required if, by virtue of such a licence, |
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they are activities which may be carried on only with the |
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consent of the Secretary of State or another person. |
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(4) | Subsection (2) does not apply in relation to anything done as |
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mentioned in that subsection in, under or over— |
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(a) | the territorial sea adjacent to Scotland, Wales or |
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(b) | waters in a Gas Importation and Storage Zone which |
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are United Kingdom controlled waters adjacent to |
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3 | In section 24 (interpretation), in subsection (1), after the definition of |
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“Convention State” insert— |
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““Gas Importation and Storage Zone” has the meaning given by |
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section 1 of the Energy Act 2008;”. |
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Petroleum Act 1987 (c. 12) |
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4 (1) | Section 21 of the Petroleum Act 1987 (automatic establishment of safety |
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zones) is amended as follows. |
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(a) | after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over such |
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waters with a view to the storage of gas in such a |
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(ab) | the conversion of any place in, under or over such |
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waters for the purpose of storing gas;”, |
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(b) | in paragraph (b), for “in or under the shore or bed of” substitute “in, |
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(c) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over |
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(d) | in paragraph (d) for “paragraph (a), (b) or (c)” substitute “any of |
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(3) | After subsection (7) insert— |
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“(8) | In this section “gas” means gas within the meaning of section 2(3) of |
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Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2)) |
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5 | In Article 3(1) of the Gas (Northern Ireland) Order 1996 (interpretation of |
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provisions relating to gas supply and associated activities), in the definition |
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of “gas storage facility” after “any facility” insert “(other than a facility in, |
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under or over the territorial sea adjacent to Northern Ireland)”. |
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Petroleum Act 1998 (c. 17) |
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6 | The Petroleum Act 1998 is amended as follows. |
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7 | In section 11 (application of civil law)— |
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(a) | in subsection (1), after “Order in Council” insert “, subject to |
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(b) | in subsection (3), after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over such |
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waters with a view to the storage of gas in such a |
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(ab) | the conversion of any place in, under or over waters |
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to which this section applies for the purpose of |
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(c) | in paragraph (b) of that subsection, for “in or under the shore or bed |
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of” substitute “in, under or over”, |
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(d) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over |
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(e) | in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” |
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substitute “any of paragraphs (a) to (c)”, |
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(f) | after that subsection insert— |
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“(3A) | In subsection (3) references (in whatever form) to storing gas |
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include storing gas with a view to its permanent disposal.”, |
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(g) | after subsection (4) insert— |
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“(4A) | An Order in Council may not make provision under |
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subsection (1) in relation to questions arising out of acts or |
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omissions taking place in connection with any activity |
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carried on in, under or over relevant Scottish waters with a |
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view to, or in connection with, the storage of carbon dioxide. |
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(a) | “relevant Scottish waters” means tidal waters, and |
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parts of the sea, in or adjacent to Scotland up to the |
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seaward limits of the territorial sea, and |
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(b) | references to the storage of carbon dioxide do not |
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include the use of carbon dioxide for a purpose |
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ancillary to getting petroleum (within the meaning of |
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(h) | after subsection (8) insert— |
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“(9) | In this section “gas” means— |
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(a) | gas within the meaning of section 2(3) of the Energy |
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8 | In section 28 (interpretation of Part 3), in the definition of “gas”— |
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(a) | in paragraph (a), for “or carbon monoxide” substitute “, carbon |
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monoxide or a substance designated under paragraph (e) of the |
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definition of “gas” in section 2(3) of the Energy Act 2008”, |
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(b) | in paragraph (b) for “gases” substitute “substances”, and |
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(c) | in paragraph (c) for “gases” substitute “substances”. |
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9 | In section 30 (persons who may be required to submit programmes)— |
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(a) | for subsection (5)(a) substitute— |
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“(a) | the person has the right— |
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(i) | to exploit or explore mineral resources in any area, |
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(ii) | to unload, store or recover gas in any area or to |
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convert any natural feature in any area for the |
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purpose of storing gas, or |
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(iii) | to explore any area with a view to, or in connection |
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with, the exercise of a right within sub-paragraph |
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(b) | in subsection (6), for paragraph (a) substitute— |
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“(a) | the exploitation or exploration of mineral resources in the |
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exercise of the right mentioned in subsection (5)(a); |
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(aa) | the unloading, storage or recovery of gas in the exercise of |
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(ab) | the conversion, in the exercise of that right, of any natural |
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feature for the purpose of storing gas; |
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(ac) | the exploration in exercise of that right with a view to, or in |
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connection with, the exercise of a right within subsection |
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(c) | in paragraph (c) of that subsection, for “or (b)” substitute “to (b)”. |
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10 | In section 44 (offshore installations)— |
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(a) | in subsection (3), after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over relevant |
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waters with a view to the storage of gas in such an place; |
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(ab) | the conversion of any place in, under or over relevant |
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waters for the purpose of storing gas;”, |
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(b) | in paragraph (b) of that subsection, for “in or under the shore or bed of” |
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substitute “in, under or over”, |
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(c) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over relevant |
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(d) | in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute |
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“any of paragraphs (a) to (c)”, and |
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(e) | in subsection (5), after “section—” insert— |
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“ “gas” means gas within the meaning of section 2(3) of the |
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11 | In section 47A (factors for the Secretary of State to take into account when |
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performing functions under the Petroleum Act 1998)— |
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(a) | in subsection (1), after paragraph (a) insert— |
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“(aa) | activities which are authorised by a licence under |
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Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas |
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importation and storage);”, |
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(b) | in paragraph (b) of that subsection for “such activities” substitute |
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“activities within paragraph (a) or (aa)”, and |
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(c) | after subsection (2) insert— |
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“(2A) | For the purposes of subsection (1)(aa), activities are to be |
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regarded as activities authorised by a licence under Chapter |
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2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a |
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licence, they are activities which may be carried on only with |
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the consent of the Secretary of State or another person.” |
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12 | In section 188 of the Energy Act 2004 (power to impose charges to fund energy |
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(a) | in subsection (7), after paragraph (l) insert— |
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“(m) | Chapter 2 of Part 1 of the Energy Act 2008.”, |
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(b) | in that subsection, after paragraph (m) (inserted by paragraph (a)) insert— |
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“(n) | Chapter 3 of Part 1 of the Energy Act 2008.”, |
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(c) | in subsection (8), after paragraph (d) insert— |
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“(da) | any activity for which a licence under Chapter 2 of Part 1 |
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of the Energy Act 2008 is required;”, and |
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(d) | in that subsection, after paragraph (da) (inserted by paragraph (c)) insert— |
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“(db) | any activity for which a licence under Chapter 3 of Part 1 |
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of the Energy Act 2008 is required;”. |
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