Infrastructure Bill [HL]

motions and Amendments to be Moved
on Consideration of Commons Amendments

After Clause 43

COMMONS AMENDMENT NO. 21

 
Baroness Kramer to move, That this House do disagree with the Commons in
their Amendment but do propose the following amendments in lieu—

Insert the following new Clause—

“Onshore hydraulic fracturing: safeguards

After section 4 of the Petroleum Act 1998 insert—

“4A Onshore hydraulic fracturing: safeguards

(1)     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”).

(2)     A hydraulic fracturing consent is not to be issued unless an
application for its issue is made by, or on behalf of, the licensee.

(3)     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
21met, and

(ii)   the conditions in subsection (6) are met, and

(b)   is otherwise satisfied that it is appropriate to issue the
consent.

(4)     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.

(5)     But the absence of such a document does not prevent the Secretary
of State from being satisfied that that condition is met.


Column 1:
conditions

 
1

The environmental impact of the
development which includes the
relevant well has been taken into
account by the local planning
authority

A notice given by the local
planning authority that the
environmental information was
taken into account in deciding to
grant the relevant planning
permission
 
2

Appropriate arrangements have
been made for the independent
inspection of the integrity of the
relevant well

A certificate given by the Health
and Safety Executive that it—
(a) has received a well notification
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
groundwater has, or will have,
been monitored in the period of
12 months before the associated
hydraulic fracturing begins

An environmental permit has
been given by the relevant
environmental regulator which
contains a condition that requires
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
been made for the monitoring of
emissions of methane into the air

An environmental permit which
contains a condition requiring
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
fracturing will not take place
within protected groundwater
source areas

A decision document given by the
relevant environmental regulator
(in connection with an
environmental permit) which
indicates that the associated
hydraulic fracturing will not take
place within protected
groundwater source areas
 
6

The associated hydraulic
fracturing will not take place
within other protected areas

A notice given by the local
planning authority that the area
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
the relevant planning permission,
the local planning authority has
(where material) taken into
account the cumulative effects
of—
(a) that application, and
(b) other applications relating to
exploitation of onshore petroleum
obtainable by hydraulic
fracturing

A notice given by the local
planning authority that it has
taken into account those
cumulative effects
 
8

The substances used, or expected
to be used, in associated
hydraulic fracturing—
(a) are approved, or
(b) are subject to approval,
by the relevant environmental
regulator

An environmental permit has
been given by the relevant
environmental regulator which
contains a condition that requires
substances used in associated
hydraulic fracturing to be
approved by that regulator
 
9

In considering an application for
the relevant planning permission,
the local planning authority has
considered whether to impose a
restoration condition in relation
to that development

A notice given by the local
planning authority that it has
considered whether to impose
such a condition
 
10

The relevant undertaker has been
consulted before grant of the
relevant planning permission

A notice given by the local
planning authority that the
relevant undertaker has been
consulted

(6)     The conditions mentioned in subsection (3)(a)(ii) are—

(a)   that appropriate arrangements have been made for the
publication of the results of the monitoring referred to in
condition 4 in the table;

(b)   that a scheme is in place to provide financial or other benefit
for the local area.

(7)     A hydraulic fracturing consent may be issued subject to any
conditions which the Secretary of State thinks appropriate.

(8)     A breach of such a condition is to be treated as if it were a breach of
a condition of a well consent.

4B Section 4A: supplementary provision

(1)     “Associated hydraulic fracturing” means hydraulic fracturing of
shale or strata encased in shale which—

(a)   is carried out in connection with the use of the relevant well
to search or bore for or get petroleum, and

(b)   involves, or is expected to involve, the injection of—

(i)   more than 1,000 cubic metres of fluid at each stage,
or expected stage, of the hydraulic fracturing, or

(ii)   more than 10,000 cubic metres of fluid in total.

(2)     For the purposes of deciding the depth at which associated
hydraulic fracturing is taking place in land—

(a)   the depth of a point in land below surface level is the
distance between that point and the surface of the land
vertically above that point; and

(b)   in determining what is the surface of the land, any building
or other structure on the land, and any water covering the
land, must be ignored.

(3)     Subsections (1) and (2) apply for the purposes of section 4A and this
section.

(4)     The Secretary of State must, by regulations made by statutory
instrument, specify—

(a)   the descriptions of areas which are “protected groundwater
source areas”, and

(b)   the descriptions of areas which are “other protected areas”,

for the purposes of section 4A.

(5)     A statutory instrument which contains regulations under
subsection (4) may not be made unless a draft of the instrument has
been laid before and approved by a resolution of each House of
Parliament.

(6)     The Secretary of State must lay a draft of the first such regulations
before each House of Parliament on or before 31 July 2015.

(7)     The Secretary of State must consult—

(a)   the Environment Agency before making any regulations
under subsection (4)(a) in relation to England;

(b)   the Natural Resources Body for Wales before making any
regulations under subsection (4)(a) in relation to Wales.

(8)     These expressions have the meanings given—

“environmental permit” means a permit granted under
regulation 13 of the Environmental Permitting (England
and Wales) Regulations 2010;

“hydraulic fracturing consent” has the meaning given in
subsection (1)(b);

“licensee” means the holder of the onshore licence for England
and Wales;

“local planning authority” means the planning authority to
which an application for the relevant planning permission
has been, or will have to be, made;

“onshore licence for England or Wales” means a licence
granted under section 3 which authorises a person to search
or bore for or get petroleum in those parts of the landward
area (within the meaning of the Petroleum Licensing
(Exploration and Production) (Landward Areas)
Regulations 2014) that are in England or Wales or are
beneath waters (other than waters adjacent to Scotland);

“relevant environmental regulator” means—

(a)   the Environment Agency, if the relevant well is
situated in England, or

(b)   the Natural Resources Body for Wales, if the
relevant well is situated in Wales;

“relevant planning permission” means planning permission
granted in respect of development which includes the
relevant well;

“relevant undertaker” means the water undertaker or
sewerage undertaker in whose area of appointment the
relevant well is located;

“relevant well” means the well to which a well consent relates;

“well consent” means a consent in writing of the Secretary of
State to the commencement of drilling of a well.

(9)     The power of the Secretary of State to make regulations under
section 4 includes power to make such amendments of the
definition of “onshore licence for England and Wales” in this
section as the Secretary of State considers appropriate in
consequence of any other exercise of the power under section 4.

(10)     The Secretary of State may, by regulations made by statutory
instrument—

(a)   make such amendments of column 2 of the table in section
4A as the Secretary of State considers appropriate, and

(b)   make such other amendments of section 4A or this section
as the Secretary of State considers appropriate in
consequence of provision made under paragraph (a).

(11)     A statutory instrument which contains regulations under
subsection (10) may not be made unless a draft of the instrument
has been laid before and approved by a resolution of each House of
Parliament.””

BARONESS JONES OF MOULSECOOMB

[As an amendment to Commons Amendment 21]

 


Line 21, at end insert “and have consented to the carrying on of the activity”

BARONESS KRAMER

 

Page 54, line 26, after “37” insert “and section (Onshore hydraulic fracturing:
safeguards
)”

 

Line 13 , title, leave out from “provision” to “geothermal” in line 14 and insert
“about onshore petroleum and”]

Clause 47

BARONESS KRAMER

[As an amendment to Commons Amendment 33]

 


Line 1, after “43” insert “and section (Onshore hydraulic fracturing: safeguards)”

Prepared 5th February 2015