Energy Act 2008

33 Enhanced petroleum recovery: power to make orders U.K.

(1) The use of carbon dioxide, in a controlled place, for a purpose ancillary to getting petroleum is to be regarded as—

(a) an activity within section 17(2), or

(b) the storage of gas for the purposes of section 1(3)(b),

only in the circumstances specified by the Secretary of State by order.

[F1 (1A) Before making an order under subsection (1), the Secretary of State must consult the OGA.]

(2) Subsection (1) and orders made under it are without prejudice to Part 1 of the Petroleum Act 1998 (c. 17).

(3) An order under subsection (1) may provide that the use of carbon dioxide, in a designated place, for a purpose ancillary to getting petroleum is to be regarded, for the purposes of this Chapter, as the use of carbon dioxide in a controlled place for such a purpose.

(4) A designated place means a place designated by the order which is a place in, under or over waters in an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29), other than waters in a Gas Importation and Storage Zone.

(5) In this section “petroleum” has the meaning given by section 1 of the Petroleum Act 1998 (c. 17).

Textual Amendments

F1 S. 33(1A) inserted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 61; S.I. 2016/920, reg. 2(a)

Commencement Information

I1 S. 33 in force at 6.4.2009 by S.I. 2009/45, art. 4(a)(ii)