|
| |
| |
(3) | The effect of the direction is that any operations under the licence to recover |
| |
gas from the relevant stratum are not to be regarded as resulting in the boring |
| |
for or getting of petroleum for the purposes of Part 1 of the Petroleum Act 1998 |
| |
| |
(4) | A direction may be given only if the Secretary of State is satisfied that the |
| 5 |
amount of petroleum which exists in its natural condition in the relevant |
| |
stratum is so small that it ought to be disregarded for the purposes of that Part. |
| |
(5) | Where a direction has effect, if the Secretary of State ceases to be satisfied as |
| |
mentioned in subsection (4) the Secretary of State must give the licence holder |
| |
a notice revoking the direction and specifying a time for the purposes of |
| 10 |
| |
(6) | Where a notice is given under subsection (5), the revocation of the direction |
| |
| |
(a) | if an application for a petroleum licence in respect of the relevant |
| |
stratum is made by the licence holder before the specified time, |
| 15 |
immediately before the time the application is determined or |
| |
| |
(b) | in any other case, at the specified time. |
| |
(7) | Before giving or revoking a direction, the Secretary of State must consult the |
| |
| 20 |
| |
“petroleum” means petroleum to which section 3 of the Petroleum Act |
| |
| |
“petroleum licence” means a licence under that section authorising a |
| |
person to bore for and get petroleum. |
| 25 |
| |
15 | Chapter 2: interpretation |
| |
| |
“controlled place” has the meaning given by section 2(3); |
| |
“gas” has the meaning given by section 2(3); |
| 30 |
“installation” includes any floating structure or device maintained on a |
| |
station by whatever means; |
| |
“licence”, except where the context otherwise requires, means a licence |
| |
under section 3, and “licence holder” is to be construed accordingly. |
| |
| 35 |
Storage of carbon dioxide |
| |
Activities requiring a licence |
| |
16 | Prohibition on unlicensed activities |
| |
(1) | No person may carry on an activity within subsection (2) other than in |
| |
accordance with a licence. |
| 40 |
| |
| |
|
| |
| |
| |
(a) | the use of a controlled place for the storage of carbon dioxide (with a |
| |
view to its permanent disposal, or as an interim measure prior to its |
| |
| |
(b) | the conversion of any natural feature in a controlled place for the |
| 5 |
purpose of storing carbon dioxide (with a view to its permanent |
| |
disposal, or as an interim measure prior to its permanent disposal); |
| |
(c) | the exploration of a controlled place with a view to, or in connection |
| |
with, the carrying on of activities within paragraph (a) or (b); |
| |
(d) | the establishment or maintenance in a controlled place of an installation |
| 10 |
for the purposes of activities within this subsection. |
| |
(3) | In this section, “controlled place” means a place in, under or over— |
| |
(a) | the territorial sea other than the territorial sea adjacent to Scotland, or |
| |
(b) | waters in a Gas Importation and Storage Zone. |
| |
| 15 |
| |
(1) | The Secretary of State may grant a licence to a person in respect of one or more |
| |
activities within section 16(2). |
| |
(2) | The controlled place in respect of which a licence is granted may be determined |
| |
by reference to the provisions of a Crown lease which has been or may be |
| 20 |
| |
(3) | For this purpose a “Crown lease” means a lease of property forming part of the |
| |
Crown Estate, or an authorisation to exercise rights forming part of that Estate |
| |
(whether by virtue of section 1 or otherwise). |
| |
18 | Requirements relating to grant of licences |
| 25 |
(1) | The Secretary of State may by regulations make provision about the |
| |
circumstances in which licences may be granted, including— |
| |
(a) | provision about the requirements to be met by or in relation to an |
| |
| |
(b) | provision about any other requirements which must be met for a |
| 30 |
| |
(2) | Regulations under subsection (1)(a) may, in particular— |
| |
(a) | prescribe the persons, or classes of persons, by whom an application for |
| |
| |
(b) | prescribe the manner in which an application must be made; |
| 35 |
(c) | prescribe the information which an application must contain and any |
| |
documents which must accompany it; |
| |
(d) | require an application to be accompanied by a fee of an amount |
| |
prescribed by, or determined in accordance with, the regulations; |
| |
(e) | require an applicant, before a licence is granted, to make arrangements |
| 40 |
(whether by way of trust or otherwise) to provide financial security in |
| |
respect of the applicant’s future obligations relating to the activities |
| |
under the licence (whether those obligations will or may arise under |
| |
the licence or otherwise). |
| |
| |
| |
|
| |
| |
| |
(1) | A licence may be granted on such terms and subject to such conditions as the |
| |
Secretary of State considers appropriate, subject to regulations under section |
| |
| |
(2) | Subject to such regulations, a licence may, in particular, include provision of a |
| 5 |
kind mentioned in subsections (3) to (7). |
| |
(3) | A licence may include— |
| |
(a) | provision about the circumstances in which financial security (which |
| |
may be provided by way of a trust or other arrangements) may be |
| |
required in respect of the obligations mentioned in section 18(2)(e) (in |
| 10 |
addition to any security required by virtue of that section), and the |
| |
form of any such security; |
| |
(b) | provision about the circumstances in which financial security may be |
| |
released (in whole or in part); |
| |
(c) | provision enabling the Secretary of State to review the licence in |
| 15 |
specified circumstances or at specified intervals; |
| |
(d) | provision enabling the Secretary of State to modify the licence in |
| |
specified circumstances (with or without the consent of the licence |
| |
| |
(e) | provision preventing or enabling the Secretary of State to prevent a |
| 20 |
licence holder, in specified circumstances, from carrying on an activity |
| |
in respect of which the licence was granted; |
| |
(f) | provision about closure of a carbon storage facility; |
| |
(g) | provision about obligations of a licence holder between closure of a |
| |
carbon storage facility and termination of the licence; |
| 25 |
(h) | provision about termination of the licence (which may include |
| |
provision about financial arrangements). |
| |
(4) | The provisions of a licence may be expressed by reference to provision made |
| |
in a Crown lease and, in particular, may provide— |
| |
(a) | for the commencement of the licence to be conditional upon the |
| 30 |
commencement of a Crown lease which has been or may be granted in |
| |
respect of the controlled place to which the licence relates or any part of |
| |
| |
(b) | for the period of the licence to be determined by reference to the period |
| |
| 35 |
(5) | A licence may authorise, in such circumstances and subject to such conditions |
| |
as are specified, the transfer of the licence to another person (or the inclusion |
| |
of another person as a joint licence holder). |
| |
(6) | The provisions of a licence may include— |
| |
(a) | provision requiring the licence holder to obtain the prior written |
| 40 |
consent of the Secretary of State or another person for specified acts or |
| |
| |
(b) | provision providing that any such consent may be given subject to |
| |
| |
(7) | The conditions imposed on a consent by virtue of subsection (6)(b) may include |
| 45 |
conditions requiring, or otherwise providing for, the modification of the |
| |
licence in such manner as the Secretary of State considers appropriate. |
| |
| |
| |
| |
|
| |
| |
“carbon storage facility” means a controlled place, or part of a controlled |
| |
place, in which carbon dioxide has been stored pursuant to a licence; |
| |
“closure”, in relation to a carbon storage facility, means the point at which |
| |
carbon dioxide has ceased to be added to the facility and the licence |
| |
holder intends, or the Secretary of State directs in accordance with the |
| 5 |
licence, that the cessation should be permanent; |
| |
“Crown lease” has the same meaning as in section 17; |
| |
“specified”, in relation to a licence, means specified in, or determined in |
| |
accordance with, the licence. |
| |
20 | Content of licences: regulations |
| 10 |
(1) | The Secretary of State may make regulations about the terms and conditions of |
| |
| |
(2) | Regulations under subsection (1) may specify that a licence must contain |
| |
specified provisions or provisions of a specified description. |
| |
| 15 |
21 | Offence to carry on unlicensed activities |
| |
(1) | It is an offence for a person to carry on an activity within section 16(2) at a |
| |
controlled place unless, at the time the activity is carried on, that person— |
| |
(a) | has a licence for the carrying on of the activity at that place, or |
| |
(b) | is carrying on the activity on behalf of a person who has such a licence. |
| 20 |
(2) | It is an offence for a person to cause or permit another person to commit the |
| |
offence in subsection (1). |
| |
(3) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 25 |
2 years or to a fine, or both. |
| |
(4) | If the activity constituting the offence falls within section 16(2)(c), or relates to |
| |
the establishment or maintenance of an installation for the purpose of an |
| |
activity mentioned in that provision, subsection (3) has effect as if— |
| |
(a) | the reference to £50,000 were a reference to the statutory maximum, |
| 30 |
| |
(b) | the reference to imprisonment were omitted. |
| |
22 | Offences relating to licences |
| |
(1) | An offence is committed by a licence holder if— |
| |
(a) | a thing is done for which the licence specifies that the prior consent of |
| 35 |
the Secretary of State or any other person is required, without that |
| |
consent first having been obtained; |
| |
(b) | such a thing is done in circumstances where that consent was obtained |
| |
subject to conditions and those conditions have not been satisfied; |
| |
(c) | the licence holder fails to keep records, give a notice or make a return |
| 40 |
or report, in accordance with the provisions of the licence; |
| |
| |
| |
|
| |
| |
(d) | the licence holder breaches any other provision of the licence which is |
| |
specified, or of a description specified, in an order made by the |
| |
| |
(2) | In proceedings against a person for an offence under subsection (1), it is a |
| |
defence for the person to prove that due diligence was exercised to avoid |
| 5 |
| |
(3) | A person guilty of an offence under subsection (1) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine, or both. |
| 10 |
(4) | If an offence under subsection (1) relates to an activity within section 16(2)(c), |
| |
or relates to the establishment or maintenance of an installation for the purpose |
| |
of an activity mentioned in that provision, subsection (3) has effect as if— |
| |
(a) | the reference to £50,000 were a reference to the statutory maximum, |
| |
| 15 |
(b) | the reference to imprisonment were omitted. |
| |
(5) | It is an offence for a person to make a statement which the person knows to be |
| |
false, or recklessly to make a statement which is false, in order to obtain— |
| |
| |
(b) | the consent of the Secretary of State or any other person for the |
| 20 |
purposes of any requirement imposed by virtue of section 19(6). |
| |
(6) | It is an offence for a person to fail to disclose information which the person |
| |
knows, or ought to know, to be relevant to an application for— |
| |
| |
(b) | the consent of the Secretary of State or any other person for the |
| 25 |
purposes of any requirement imposed by virtue of section 19(6). |
| |
(7) | A person guilty of an offence under subsection (5) or (6) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to a fine. |
| 30 |
23 | Secretary of State’s power of direction |
| |
(1) | This section applies if a licence holder fails to comply with any provision of the |
| |
| |
(2) | The Secretary of State may direct the licence holder to take steps which the |
| |
Secretary of State considers necessary or appropriate to comply with the |
| 35 |
provision within a period specified in the direction. |
| |
(3) | The Secretary of State must consult the licence holder before giving a direction |
| |
| |
(4) | If the licence holder fails to comply with a direction under subsection (2), the |
| |
| 40 |
(a) | comply with the direction on behalf of the licence holder, or |
| |
(b) | make arrangements for another person to do so. |
| |
(5) | A person taking action by virtue of subsection (4) may— |
| |
(a) | do anything which the licence holder could have done, and |
| |
| |
| |
|
| |
| |
(b) | recover from the licence holder any reasonable costs incurred in taking |
| |
| |
(6) | A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also |
| |
pay interest on that sum for the period beginning with the day on which the |
| |
person taking action by virtue of subsection (4) notified P of the sum payable |
| 5 |
and ending with the date of payment. |
| |
(7) | The rate of interest payable in accordance with subsection (6) is a rate |
| |
determined by the Secretary of State as comparable with commercial rates. |
| |
(8) | The licence holder must provide a person taking action by virtue of subsection |
| |
(4) with such assistance as the Secretary of State may direct. |
| 10 |
(9) | The power to give a direction under this section is without prejudice to any |
| |
provision made in the licence with regard to the enforcement of any of its |
| |
| |
24 | Failure to comply with a direction under section 23 |
| |
(1) | It is an offence for a person to fail to comply with a direction under section 23, |
| 15 |
unless the person proves that due diligence was exercised in order to avoid the |
| |
| |
(2) | A person guilty of an offence under subsection (1) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 20 |
2 years or to a fine, or both. |
| |
25 | Injunctions restraining breaches of section 16(1) |
| |
(1) | Where the Secretary of State considers it necessary or expedient to restrain any |
| |
actual or apprehended breach of section 16(1), the Secretary of State may apply |
| |
to the court for an injunction or, in Scotland, an interdict. |
| 25 |
(2) | An application may be made whether or not the Secretary of State has |
| |
exercised or is proposing to exercise any of the other powers under this |
| |
| |
(3) | On an application under subsection (1), the court may grant such an injunction |
| |
or interdict as the court thinks appropriate for the purpose of restraining the |
| 30 |
| |
(4) | Rules of court may provide for an injunction or interdict to be issued against a |
| |
person whose identity is unknown. |
| |
(5) | In this section “the court” means— |
| |
| 35 |
(b) | in Scotland, the Court of Session. |
| |
| |
(1) | The Secretary of State may appoint persons to act as inspectors to assist in |
| |
carrying out the functions of the Secretary of State under this Chapter. |
| |
(2) | The Secretary of State may make payments, by way of remuneration or |
| 40 |
otherwise, to inspectors appointed under this section. |
| |
| |
| |
|
| |
| |
(3) | The Secretary of State may make regulations about— |
| |
(a) | the powers and duties of inspectors appointed under this section; |
| |
(b) | the powers and duties of any other person acting on the directions of |
| |
the Secretary of State in connection with a function under this Chapter; |
| |
(c) | the facilities and assistance to be accorded to persons mentioned in |
| 5 |
| |
(4) | The powers conferred by virtue of subsection (3) may include powers of a kind |
| |
specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, |
| |
| |
(5) | Any regulations under this section may provide for the creation of offences |
| 10 |
| |
(a) | on summary conviction by a fine not exceeding the statutory maximum |
| |
or such lesser amount as is specified in the regulations, and |
| |
(b) | on conviction on indictment by a fine. |
| |
| 15 |
(1) | Proceedings for a relevant offence may be taken, and the offence may for all |
| |
incidental purposes be treated as having been committed, in any place in the |
| |
| |
(2) | Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on |
| |
prosecutions) does not apply to any proceedings for a relevant offence. |
| 20 |
(3) | Proceedings for a relevant offence alleged to have been committed in a |
| |
controlled place may not be instituted in England and Wales except— |
| |
(a) | by the Secretary of State or a person authorised by the Secretary of |
| |
| |
(b) | by or with the consent of the Director of Public Prosecutions. |
| 25 |
(4) | Proceedings for a relevant offence alleged to have been committed in a |
| |
controlled place may not be instituted in Northern Ireland except— |
| |
(a) | by the Secretary of State or a person authorised by the Secretary of |
| |
| |
(b) | by or with the consent of the Director of Public Prosecutions for |
| 30 |
| |
(5) | In the application of subsection (3) or (4) to an offence created by regulations |
| |
| |
(a) | the words “alleged to have been committed in a controlled place” are to |
| |
| 35 |
(b) | the references to a person authorised by the Secretary of State are to be |
| |
read as references to an inspector appointed under that section. |
| |
(6) | In this section “relevant offence” means an offence under this Chapter or |
| |
created by regulations under section 26. |
| |
| 40 |
28 | Requirement for public register |
| |
(1) | The Secretary of State must maintain a register containing prescribed |
| |
information relating to licences. |
| |
| |
| |
|
