SCHEDULES

SCHEDULE 6Minor and consequential amendments

Part 2Amendments relating to onshore petroleum

Petroleum Act 1998 (c. 17)

I116

1

Section 4A of that Act (onshore hydraulic fracturing: safeguards) is amended as follows.

2

In subsection (1), after ““well consent”” insert “ for a well situated in the English onshore area ”.

3

After subsection (1) insert—

1A

The Welsh Ministers must not issue a well consent for a well situated in the Welsh onshore area that is required by an onshore licence for England or Wales unless the well consent imposes—

a

a condition that prohibits associated hydraulic fracturing from taking place in land at a depth of less than 1000 metres; and

b

a condition that prohibits associated hydraulic fracturing from taking place in land at a depth of 1000 metres or more unless the licensee has the Welsh Ministers' consent for it to take place (a ““hydraulic fracturing consent””).

4

In subsection (3), after ““made”” insert “ to the Secretary of State ”.

5

After subsection (3) insert—

3A

Where an application is made to the Welsh Ministers, the Welsh Ministers may not issue a hydraulic fracturing consent unless—

a

they are satisfied that—

i

the conditions in column 1 of the following table are met, and

ii

the conditions in subsection (6) are met, and

b

they are otherwise satisfied that it is appropriate to issue the consent.

6

In subsections (4) and (5), after ““Secretary of State”” insert “ or the Welsh Ministers ”.

7

In subsection (7), for ““which the Secretary of State thinks appropriate”” substitute “ thought to be appropriate by the Secretary of State or the Welsh Ministers ”.