The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010, and come into force on 1st October 2010.

(2) In these Regulations—

(a) any reference to a numbered section is to that section of the Energy Act 2008;

(b) any reference to a provision contained in a Schedule includes a reference to a provision having identical legal effect to such a provision; and

(c) any reference (except in paragraph (4)) to an EU instrument, or a provision of such an instrument, is to that instrument or provision as amended from time to time.

(3) In these Regulations—

“appraisal term” has the meaning given by regulation 3(2)(a);

[F1 “the authority” (except in regulation 9) means the [F2 Oil and Gas Authority] as licensing authority under section 18(2);]

[F3 “climate change legislation” means—

(a)

[F4 the Greenhouse Gas Emissions Trading Scheme Regulations 2012;

(b)

the Greenhouse Gas Emissions Trading Scheme Order 2020; or]

(c)

legislation which levies a tax in relation to greenhouse gas emissions attributable to a person;]

“CO₂” means carbon dioxide;

“corrective measures plan” has the meaning given by regulation 7(6);

“the Directive” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 M1 ;

[F5 “emissions” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 97 of the Climate Change Act 2008;]

[F6 “entering” in relation to premises includes, where applicable, boarding, and cognate expressions shall be construed accordingly;]

“the Environmental Liability Directive” means Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage M2 ;

“the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC M3 ;

“financial security” includes—

(a)

a charge over a bank account or any other asset;

(b)

a deposit of money;

(c)

a performance bond or guarantee;

(d)

an insurance policy;

(e)

a letter of credit;

“general exploration licence” means any licence granted by the authority under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation in a controlled place for the purpose of such activities and which—

(a)

does not grant to the holder or holders the sole right to carry out exploration of a controlled place, and

(b)

is issued in combination with—

(i)

a licence under section 4 to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) and establish or maintain an installation in a controlled place for the purposes of such exploration, or

(ii)

a licence under section 3 of the Petroleum Act 1998 M4 to search for petroleum in any area below the low water line or in the seaward areas as defined by regulation 3(1)(a) of the Petroleum (Production) (Seaward Areas) Regulations 1988 M5 ;

[F7 “greenhouse gas” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 92 of the Climate Change Act 2008;]

“injection” means injection of CO₂ into a storage site;

[F6 “inspection” means an inspection of a storage complex for the purpose of discharging a function described in sub-paragraph (a) or (b) of regulation 17(2);]

[F6 “inspection report” has the meaning given to it in regulation 18(1);]

[F6 “inspector” means a person appointed by the authority under section 27(1);]

“legislation” F8 ... means legislation in force in the United Kingdom (whether passed, or made, before or after the commencement of these Regulations);

“licence” (except in regulation 9) means a licence (other than a general exploration licence) granted by the authority under section 18(1) in respect of—

(a)

activities within section 17(2)(a) to (c) and a controlled place which is not in, under or over the territorial sea adjacent to Scotland, or

(b)

the establishment or maintenance in a controlled place which is not in, under or over the territorial sea adjacent to Scotland of an installation for the purposes of activities within section 17(2),

(and “licence holder” is to be construed accordingly);

“licensed area” means the area within which activities are authorised under the licence;

“monitoring plan” has the meaning given by regulation 7(5);

[F9 “Monitoring Regulation” means Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council;]

“operator”, in relation to a storage permit, means the person who carries on or (where different) controls activities at the storage site;

“post-closure plan” has the meaning given by regulation 13(3) or (4);

[F6 “premises” includes—

(a)

any carbon storage installation; and

(b)

any land, vehicle, vessel, aircraft, hovercraft or movable structure, excluding any such thing or part thereof that is used as a dwelling;]

“provisional post-closure plan” has the meaning given by regulation 13(2);

[F6 “routine inspection” has the meaning given to it in regulation 16(1);]

“storage permit” means a consent granted under a licence, authorising the use of a place as a storage site;

“target date” has the meaning given by regulation 11(3)(a).

(4) The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly)—

• “closure” (in relation to a storage site);

• “corrective measures”;

• “CO₂ plume”;

• “CO₂ stream”;

• “exploration”;

• “hydraulic unit”;

• “leakage”;

• “migration”;

• “significant irregularity”;

• “significant risk”;

• “storage complex”;

• “storage site”;

• F10 ...

• “waste”;

• “water column”.

[F11 (5) In these Regulations, for the purposes of any reference to Annex II to the Directive, Article 13(2) of the Directive shall be read as if for the words “guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC” there were substituted “ Monitoring Regulation ”.]

Textual Amendments

F1 Words in reg. 1(3) substituted (23.2.2012) by The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012 (S.I. 2012/461), regs. 1, 3(b)

F2 Words in reg. 1(3) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 78; S.I. 2016/920, reg. 2(a)

F3 Words in reg. 1(3) inserted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 1(3) substituted (12.12.2022) by The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 3

F5 Words in reg. 1(3) inserted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 1(3) inserted (23.2.2012) by The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012 (S.I. 2012/461), regs. 1, 3(a)

F7 Words in reg. 1(3) inserted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 1(3) omitted (12.12.2022) by virtue of The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 4

F9 Words in reg. 1(3) inserted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 1(4) omitted (31.12.2020) by virtue of The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 1(5) inserted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 OJ No L 140, 5.6.2009, p 114.

M2 OJ No L 143, 30.4.2004, p 56; amended by European Parliament and Council Directives 2006/21/EC (OJ No L 102, 11.4.2006, p 15) and 2009/31/EC.

M3 OJ No L 275, 25.10.2003, p 32; amended by European Parliament and Council Directives 2004/101/EC (OJ No L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 (OJ No L 87, 31.3.2009, p 109).

M4 1998 c. 17.

M5 S.I. 1988/1213; regulation 3(1)(a) and Schedule 1 were amended by S.I. 1992/2378; there are other amendments to the instrument that are not relevant to these Regulations.