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

Consequences of revocation of a storage permit U.K.

12.—(1) This regulation applies where the authority has revoked the storage permit under regulation 11(7).

(2) The authority must then either—

(a) close the storage site, or

(b) consider any application for a new licence (and, if such a licence is granted, for a new storage permit) in respect of the storage site.

(3) Following the procedure under paragraph (2)(b)—

(a) if no new storage permit is granted, the authority must close the storage site (but the existing licence continues in force);

(b) if a new storage permit is granted, the existing licence terminates on the date of that grant.

(4) Until the storage site is closed, or the new storage permit is granted, the authority is deemed to be the operator of the site for the purposes of the following obligations—

(a) in relation to the acceptance and injection of CO₂;

(b) in relation to monitoring;

(c) in relation to corrective measures;

[F1 (d) in relation to the offset of emissions which are leakage under climate change legislation (if any); and]

(e) under legislation [F2 which before [F3 IP completion day] implemented] Articles 5(1) and 6(1) of the Environmental Liability Directive.

(5) Where the storage site is closed under paragraph (2)(a) or (3)(a), the authority—

(a) is deemed to be the operator of the storage site for the purposes of the obligations referred to in paragraph (4)(b) to (e), and

(b) must ensure that the storage site is sealed and the injection facilities removed (but this is without prejudice to the obligations of any person under Part 4 of the Petroleum Act 1998 M1 ).

(6) The holder of the existing licence must pay to the authority any costs incurred in meeting the authority's obligations under paragraph (4) or (5); and section 24(6) and (7) applies to the recovery of such costs as it applies to the recovery of costs under section 24(5).

(7) In this regulation, “existing licence” means the licence under which the revoked storage permit was granted.

Textual Amendments

F1 Reg. 12(4)(d) substituted (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(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 12(4)(e) substituted (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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 12(4)(e) substituted (12.12.2022) by The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 6

Marginal Citations

M1 Section 30 of the Energy Act 2008 applies Part 4 of the Petroleum Act 1998 (c. 17) to carbon storage installations (as defined by section 30(5)).