The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011

Interpretation

3.—(1) In these Regulations—

“access application” has the meaning given to it in regulation 12(1);

“associate” has the meaning given to it in regulation 6;

“authorised capacity”, in relation to a relevant storage site, means the total quantity of carbon dioxide authorised to be stored in the storage site in accordance with the relevant consent;

“authority” means the authority in accordance with regulation 4;

“carbon dioxide pipe-line” has the meaning given to it in section 66(1) of the Pipe-lines Act 1962(1);

“consent” means—

(a)

in the case of a relevant pipeline—

(i)

an authorisation given for the purposes of section 14(1)(a) of the Petroleum Act 1998(2);

(ii)

a construction authorisation;

(iii)

development consent granted under section 114 of the Planning Act 2008(3);

(b)

in the case of a relevant storage site—

(i)

a storage permit within the meaning of the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010(4);

(ii)

a storage permit within the meaning of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011(5);

“construction authorisation” means a construction authorisation under section 1 of the Pipe-lines Act 1962;

“controlled carbon dioxide pipeline” has the meaning given to it in section 28(1) of the Petroleum Act 1998(6);

“controlled pipeline” and “controlled waters” have the meanings given in section 14(2) of the Petroleum Act 1998;

“Directive” means Directive 2009/31/EC of the European Parliament and of the Council 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(7);

“diversion” means a diversion (within the meaning of section 66(1) of the Pipe-lines Act 1962(8)) of a relevant pipeline that is not a controlled pipeline or of such part of a relevant pipeline as is not a controlled pipeline and “diverted” is to be construed accordingly;

“Gas Importation and Storage Zone” has the meaning given to it in section 1(5) of the Energy Act 2008(9);

“holder”, in regulations 9 and 10 has the meaning given to it in regulation 9(1)(a);

“injection” means injection of carbon dioxide into a storage site;

“licence” means a licence granted under section 18(1) of the Energy Act 2008 and “licence holder” is to be construed accordingly;

“modification notice” has the meaning given to it in regulation 13(2);

“notice” means notice in writing;

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

“owner” has the meaning given to it in regulation 5;

“pipeline variation notice” has the meaning given to it in regulation 8(2);

“planning permission” means permission under Part 3 of the Town and Country Planning Act 1990(10) or under Part 3 of the Town and Country Planning (Scotland) Act 1997(11);

“relevant infrastructure” means a relevant pipeline or a relevant storage site;

“relevant pipeline” means—

(a)

a controlled carbon dioxide pipeline; or

(b)

a carbon dioxide pipe-line situated in, under or over Great Britain, including so much of the internal waters of the United Kingdom as are adjacent to Great Britain;

“relevant storage site” means a storage site situated—

(a)

in Great Britain; or

(b)

in, under or over—

(i)

so much of the internal waters of the United Kingdom as are adjacent to Great Britain,

(ii)

the territorial sea of the United Kingdom, or

(iii)

waters in a Gas Importation and Storage Zone,

and any associated installations, apparatus and works;

“third party”, in regulations 9 and 10, has the meaning given to it in regulation 9(1)(b);

“variation condition” has the meaning given to it in regulation 7(2).

(2) The following expressions have the meanings given by Article 3 of the Directive—

“CO₂ stream”;

“storage site”.

(1)

1962 c. 58. The definition is inserted by paragraph 6 of the Schedule.

(2)

1998 c. 17.

(3)

2008 c. 29.

(4)

S.I. 2010/2221.

(5)

S.S.I. 2011/24.

(6)

The definition is inserted by paragraph 11(b) of the Schedule.

(7)

OJ No L 140, 5.6.2009, p 114.

(8)

The definition was inserted by S.I. 1999/742 and amended by section 36 of, and paragraphs 5 and 7(a) of Schedule 2 to, the Planning Act 2008.

(9)

2008 c. 32. The Gas Importation and Storage Zone was designated under the Gas Importation and Storage Zone (Designation of Area) Order 2009 (S.I. 2009/223). An amendment to section 1(5) by the Marine and Coastal Access Act 2009 (c. 23) has not yet been commenced.

(10)

1990 c.8; Part 3 was amended by the Planning and Compensation Act 1991 (c. 34), the Transport and Works Act 1992 (c. 42), the Environment Act 1995 (c. 25), the Planning and Compulsory Purchase Act 2004 (c. 5), the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293), the Greater London Authority Act 2007 (c. 24) and the Planning Act 2008. There are other amendments and modifications not relevant to these Regulations.

(11)

1997 c. 8; Part 3 was amended by the Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1) the Planning etc. (Scotland) Act 2006 (asp 17) and the Planning and Compulsory Purchase Act 2004 (c. 5).