Moved by
Lord Callanan
35: Clause 87, page 77, line 25, leave out subsection (1) and insert—
“(1) Section 30 of the Energy Act 2008 (abandonment of installations) is amended in accordance with subsections (1A) to (1D).
(1A) In subsection (1), for “, (2)” substitute “to (2)”.
(1B) After subsection (1A) insert—
“(1AA) Part 4 of the 1998 Act, in its application in relation to carbon storage installations, has effect with the modifications set out in subsection (1AB).
(1AB) The modifications are as follows—
(a) in section 30 of the 1998 Act, for subsections (5) and (6) substitute—
“(5) This subsection applies to a person in relation to a carbon storage installation if—
(a) the person has the right—
(i) to use a controlled place for the storage of carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal),
(ii) to convert any natural feature in a controlled place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal), or
(iii) to explore a controlled place with a view to, or in connection with, the carrying on of the activities within sub-paragraph (i) or (ii), and
(b) either—
(i) any activity mentioned in subsection (6) is carried on from, by means of or on the installation, or
(ii) the person intends to carry on an activity mentioned in that subsection from, by means of or on the installation,
or if the person had such a right when any such activity was last so carried on.
(6) The activities referred to in subsection (5) are—
(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 permanent disposal) in the exercise of the right mentioned in subsection (5)(a);
(b) the conversion of any natural feature in a controlled place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal) in the exercise of the right mentioned in subsection (5)(a);
(c) the exploration of a controlled place in the exercise of the right mentioned in subsection (5)(a) with a view to, or in connection with, the carrying on of activities within paragraph (a) or (b) of this subsection;
(d) the conveyance in the controlled place mentioned in subsection (5)(a) of carbon dioxide by means of a pipe or system of pipes, in the exercise of the right mentioned in subsection (5)(a); and
(e) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within any of paragraphs (a) to (d) of this subsection.”
(b) in section 30(7) of that Act, in the words before paragraph (a), for “(c)” substitute “(e)”;
(c) in section 31 of that Act, for subsection (B1) substitute—
“(B1) This subsection applies to an activity if—
(a) where the activity is within paragraph (a), (b) or (c) of section 30(6), the controlled place mentioned in that paragraph is one for which the installation is, or is to be, established or maintained;
(b) where the activity is within paragraph (d) of section 30(6), the conveyance of the carbon dioxide relates to a controlled place for which the installation is, or is to be, established;
(c) where the activity is within paragraph (e) of section 30(6), the installation is in a controlled place in respect of which P has a licence under section 18 of the Energy Act 2008.”
(d) in section 31 of that Act, omit subsection (C1);
(e) in section 45 of that Act, in the appropriate place insert—
““controlled place” has the same meaning as in section 17 of the Energy Act 2008;”.”
(1C) After subsection (4A) insert—
“(4B) The powers in subsections (2)(b) and (4) include power to amend or repeal subsections (1AA) and (1AB).”
(1D) In subsection (5) for “established or maintained” substitute “or has been maintained, or is intended to be or has been established,”.”
Member's explanatory statement
This amendment sets out modifications of Part 4 of the Petroleum Act 1998 as it applies to carbon storage installations and extends the definition of “carbon storage installation” in section 30 of the Energy Act 2008.
36: Clause 87, page 77, line 39, at end insert—
“(3A) In section 29 of the Petroleum Act 1998 (preparation of programmes), in subsection (6), for the words from “in question,” to the end substitute “in question if the Secretary of State has under section 32—
(a) rejected that programme, or
(b) approved it (whether or not the approval has been withdrawn).”
Member's explanatory statement
This amendment abolishes the rule that where an abandonment programme has been approved in relation to an installation or pipe-line the Secretary of State may not serve a further notice under section 29 of the Petroleum Act 1998 in relation to the installation or pipeline unless the approval has been withdrawn.