Energy Act 2008

30Abandonment of installationsU.K.
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(1)Part 4 of the Petroleum Act 1998 (c. 17) ([F1referred to in this section and sections 30A and 30B as “the 1998 Act”]) applies in relation to a carbon storage installation as it applies in relation to an offshore installation within the meaning given by section 44 of the 1998 Act, subject to subsections (2) and (4)[F2 and section 30A].

(2)In relation to a carbon storage installation established or maintained at a controlled place under a licence granted by the Scottish Ministers—

(a)the functions conferred on the Secretary of State by Part 4 of the 1998 Act are exercisable by the Scottish Ministers rather than the Secretary of State (and, accordingly, the reference in section 39(6) of the 1998 Act to either House of Parliament is to be read as a reference to the Scottish Parliament), and

(b)the Scottish Ministers may make regulations providing that that Part applies with such other modifications as may be specified in the regulations.

(3)For the purposes of subsection (2), orders under section 33(1) are to be disregarded and installations used for a purpose ancillary to getting petroleum (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon storage installations.

(4)In relation to any other carbon storage installation, the Secretary of State may make regulations providing that Part 4 of the 1998 Act applies in relation to such an installation with such modifications as may be specified in the regulations.

[F3(4A)The power in subsection (4) is subject to section 30A.]

(5)In this section[F4 and section 30A ], “carbon storage installation” means an installation [F5falling within subsection (6) that is] established or maintained for the purposes of an activity mentioned in section 17(2)(a), (b) or (c).

[F6(6)An installation falls within this subsection if it is established or maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes.]

Textual Amendments

F1Words in s. 30(1) substituted (18.12.2011) by Energy Act 2011 (c. 16), ss. 107(4)(a)(i), 121(3)

F2Words in s. 30(1) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 107(4)(a)(ii), 121(3)

F3S. 30(4A) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 107(4)(b), 121(3)

F4Words in s. 30(5) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 107(4)(c), 121(3)

Commencement Information

I1S. 30 in force at 6.4.2009 by S.I. 2009/45, art. 4(a)(ii)