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
”
.