Moved by
Lord Bourne of Aberystwyth
73: After Clause 62, insert the following new Clause—
“Abandonment of offshore installations
Schedule (Abandonment of offshore installations) makes provision about the abandonment of offshore installations.”
74: After Clause 62, insert the following new Clause—
“Duty to act in accordance with strategy: decommissioning and alternatives
(1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum) is amended as follows.
(2) In section 9A (the principal objective and the strategy), in subsection (1)(b), after paragraph (iv) insert—
“(v) owners of relevant offshore installations.”
(3) In section 9C (carrying out of certain petroleum industry activities)—
(a) omit subsection (3), and
(b) after subsection (4) insert—
“(5) A person who is the owner of—
(a) a relevant offshore installation, or
(b) upstream petroleum infrastructure,
must act in accordance with the current strategy or strategies when planning and carrying out the activities mentioned in subsection (6).
(6) Those activities are—
(a) the person’s activities as the owner of the installation or infrastructure (including the development, construction, deployment and use of the infrastructure or installation);
(b) the abandonment or decommissioning of the installation or infrastructure.
(7) For the purposes of subsection (5), planning the activities mentioned in subsection (6)(b) includes the preliminary stage of—
(a) deciding whether or when to proceed with the proposed abandonment or decommissioning, and
(b) considering alternative measures to abandonment or decommissioning such as re-use or preservation.”
(4) After section 9H insert—
“9HA“Relevant offshore installations” and their owners
(1) For the purposes of this Part an offshore installation is a relevant offshore installation if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got).
(2) Petroleum is within this subsection if it is petroleum which for the time being exists in its natural condition in strata beneath—
(a) the territorial sea adjacent to Great Britain, or
(b) the sea in any area designated under section 1(7) of the Continental Shelf Act 1964.
(3) In this Part “owner”, in relation to a relevant offshore installation, means—
(a) a person in whom the installation is vested, and
(b) a lessee and any person occupying or controlling the installation.”
(5) In section 9I (other definitions), at the appropriate place insert—
““offshore installation” has the same meaning as in Part 4 (see section 44);”;
““owner”, in relation to a relevant offshore installation, has the meaning given in section 9HA;”;
““relevant offshore installation” has the meaning given in section 9HA;”;
““submarine pipeline” has the meaning given in section 45;”.”
75: After Clause 62, insert the following new Clause—
“Part 1A of the Petroleum Act 1998: Northern Ireland
(1) Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum), as amended by this Act, extends to Northern Ireland (as well as to England and Wales and Scotland).
(2) In that Act, for section 9H substitute—
“9H“Upstream petroleum infrastructure” and its owners
(1) In this Part “upstream petroleum infrastructure” means anything that for the purposes of section 82(1) of the Energy Act 2011 is—
(a) a relevant upstream petroleum pipeline,
(b) a relevant oil processing facility, or
(c) a relevant gas processing facility,
if and in so far as it is used in relation to petroleum within subsection (2) (including such petroleum after it has been got).
(2) Petroleum is within this subsection if it is petroleum which for the time being exists in its natural condition in strata beneath—
(a) the territorial sea adjacent to Great Britain, or
(b) the sea in any area designated under section 1(7) of the Continental Shelf Act 1964.
(3) In this Part “owner”, in relation to upstream petroleum infrastructure, means—
(a) a person in whom the pipeline or facility is vested;
(b) a lessee and any person occupying or controlling the pipeline or facility; and
(c) any person who has the right to have things conveyed by the pipeline or processed by the facility.”
76: After Clause 62, insert the following new Clause—
“International oil and gas agreements: information exchange
(1) This section applies where—
(a) there is a treaty or agreement in force between the government of the United Kingdom and the government of a territory outside the United Kingdom (“the overseas territory”) concerning cooperation in relation to oil and gas activities, and
(b) the treaty or agreement includes arrangements for the exchange of information between the two governments (“information exchange arrangements”).
(2) If it appears to the Secretary of State that adequate safeguards are in place, information held by the Secretary of State may be disclosed so far as the Secretary of State considers necessary for the purpose of giving effect to the treaty or agreement in question.
(3) If it appears to the OGA that adequate safeguards are in place, information held by the OGA may be disclosed so far as the OGA considers necessary for the purpose of giving effect to the treaty or agreement in question.
(4) For the purposes of this section adequate safeguards are in place if the information exchange arrangements and the law in force in the overseas territory are such as to ensure that information disclosed to the government of the overseas territory under this section may be disclosed by that government only—
(a) with the consent of the government of the United Kingdom, or
(b) so far as necessary for the purpose of preparing and publishing reports of a general nature.
(5) References in this section to the OGA are to the OGA acting as a representative of the government of the United Kingdom for the purposes of the agreement with the overseas territory.”