The Environmental Permitting (England and Wales) Regulations 2016

Groundwater activities for which a permit may be granted E+W

8.— [F1 (1)]  Despite paragraph 6, provided it does not compromise the achievement of any of the environmental objectives relating to groundwater in [F2 relation to a river basin district], the regulator may grant an environmental permit for—

(a) the injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that the injection does not contain substances other than those resulting from the above operations;

(b) the reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works;

(c) the injection of natural gas or liquefied petroleum gas for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes;

(d) the injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with [F3 Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales];

(e) the injection of natural gas or liquefied petroleum gas for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater;

(f) construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater;

(g) discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of bodies of water limited to the amount strictly necessary for the purposes concerned;

(h) interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways;

(i) the artificial recharge or augmentation of a body of groundwater for the purposes of groundwater management;

(j) reinjection into the same aquifer of water used for geothermal purposes.

[F4 (k) in relation to England, any groundwater activity to remediate the effects of pollution in groundwater or in the land or waters surrounding groundwater;

(l) in relation to England, the injection of any substance into groundwater to increase the flow of fluids or gas to a well or borehole in connection with the extraction or use of any source of energy.]

[F5 (2) In sub-paragraph (1)(k), the reference to remediating the effects of pollution is—

(a) in the case of the groundwater in question, to doing any works, carrying out any operations or taking any steps to prevent or minimise, or remedy or mitigate the effects of pollution, or

(b) in the case of land or waters surrounding the groundwater in question, to restoring the land or waters to (or closer to) their former state.]

Textual Amendments

F1 Sch. 22 para. 8 renumbered as Sch. 22 para. 8(1) (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 7(b)(i)

F2 Words in Sch. 22 para. 8 substituted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(24)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 22 para. 8(d) substituted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(24)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Sch. 22 para. 8(1)(k)(l) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 7(b)(ii)

F5 Sch. 22 para. 8(2) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 7(b)(iii)