General U.K.

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010, and come into force on 1st October 2010.

(2) In these Regulations—

(a) any reference to a numbered section is to that section of the Energy Act 2008;

(b) any reference to a provision contained in a Schedule includes a reference to a provision having identical legal effect to such a provision; and

(c) any reference (except in paragraph (4)) to an EU instrument, or a provision of such an instrument, is to that instrument or provision as amended from time to time.

(3) In these Regulations—

“appraisal term” has the meaning given by regulation 3(2)(a);

[F1 “the authority” (except in regulation 9) means the [F2 Oil and Gas Authority] as licensing authority under section 18(2);]

[F3 “climate change legislation” means—

(a)

legislation which before exit day implemented the ETS Directive;

(b)

regulations made under Part 3 of the Climate Change Act 2008 on or after exit day, which impose obligations similar to obligations which existed, on the day before exit day, under legislation which implemented the ETS Directive; or

(c)

legislation which levies a tax in relation to greenhouse gas emissions attributable to a person;]

“CO₂” means carbon dioxide;

“corrective measures plan” has the meaning given by regulation 7(6);

“the Directive” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 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 M1 ;

[F4 “emissions” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 97 of the Climate Change Act 2008;]

[F5 “entering” in relation to premises includes, where applicable, boarding, and cognate expressions shall be construed accordingly;]

“the Environmental Liability Directive” means Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage M2 ;

“the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC M3 ;

“financial security” includes—

(a)

a charge over a bank account or any other asset;

(b)

a deposit of money;

(c)

a performance bond or guarantee;

(d)

an insurance policy;

(e)

a letter of credit;

“general exploration licence” means any licence granted by the authority under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation in a controlled place for the purpose of such activities and which—

(a)

does not grant to the holder or holders the sole right to carry out exploration of a controlled place, and

(b)

is issued in combination with—

(i)

a licence under section 4 to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) and establish or maintain an installation in a controlled place for the purposes of such exploration, or

(ii)

a licence under section 3 of the Petroleum Act 1998 M4 to search for petroleum in any area below the low water line or in the seaward areas as defined by regulation 3(1)(a) of the Petroleum (Production) (Seaward Areas) Regulations 1988 M5 ;

[F6 “greenhouse gas” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 92 of the Climate Change Act 2008;]

“injection” means injection of CO₂ into a storage site;

[F5 “inspection” means an inspection of a storage complex for the purpose of discharging a function described in sub-paragraph (a) or (b) of regulation 17(2);]

[F5 “inspection report” has the meaning given to it in regulation 18(1);]

[F5 “inspector” means a person appointed by the authority under section 27(1);]

“legislation” [F7 (except in paragraph (b) of the definition of “climate change legislation”)] means legislation in force in the United Kingdom (whether passed, or made, before or after the commencement of these Regulations);

“licence” (except in regulation 9) means a licence (other than a general exploration licence) granted by the authority under section 18(1) in respect of—

(a)

activities within section 17(2)(a) to (c) and a controlled place which is not in, under or over the territorial sea adjacent to Scotland, or

(b)

the establishment or maintenance in a controlled place which is not in, under or over the territorial sea adjacent to Scotland of an installation for the purposes of activities within section 17(2),

(and “licence holder” is to be construed accordingly);

“licensed area” means the area within which activities are authorised under the licence;

“monitoring plan” has the meaning given by regulation 7(5);

[F8 “Monitoring Regulation” means Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council;]

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

“post-closure plan” has the meaning given by regulation 13(3) or (4);

[F5 “premises” includes—

(a)

any carbon storage installation; and

(b)

any land, vehicle, vessel, aircraft, hovercraft or movable structure, excluding any such thing or part thereof that is used as a dwelling;]

“provisional post-closure plan” has the meaning given by regulation 13(2);

[F5 “routine inspection” has the meaning given to it in regulation 16(1);]

“storage permit” means a consent granted under a licence, authorising the use of a place as a storage site;

“target date” has the meaning given by regulation 11(3)(a).

(4) The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly)—

• “closure” (in relation to a storage site);

• “corrective measures”;

• “CO₂ plume”;

• “CO₂ stream”;

• “exploration”;

• “hydraulic unit”;

• “leakage”;

• “migration”;

• “significant irregularity”;

• “significant risk”;

• “storage complex”;

• “storage site”;

• F9 ...

• “waste”;

• “water column”.

[F10 (5) In these Regulations, for the purposes of any reference to Annex II to the Directive, Article 13(2) of the Directive shall be read as if for the words “guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC” there were substituted “ Monitoring Regulation ”.]

Textual Amendments

F1 Words in reg. 1(3) substituted (23.2.2012) by The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012 (S.I. 2012/461), regs. 1, 3(b)

F2 Words in reg. 1(3) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 78; S.I. 2016/920, reg. 2(a)

F3 Words in reg. 1(3) inserted (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(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 1(3) inserted (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(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 1(3) inserted (23.2.2012) by The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012 (S.I. 2012/461), regs. 1, 3(a)

F6 Words in reg. 1(3) inserted (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(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 1(3) inserted (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(2)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 1(3) inserted (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(2)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 1(4) omitted (31.12.2020) by virtue of The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 1(5) inserted (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(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 OJ No L 140, 5.6.2009, p 114.

M2 OJ No L 143, 30.4.2004, p 56; amended by European Parliament and Council Directives 2006/21/EC (OJ No L 102, 11.4.2006, p 15) and 2009/31/EC.

M3 OJ No L 275, 25.10.2003, p 32; amended by European Parliament and Council Directives 2004/101/EC (OJ No L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 (OJ No L 87, 31.3.2009, p 109).

M4 1998 c. 17.

M5 S.I. 1988/1213; regulation 3(1)(a) and Schedule 1 were amended by S.I. 1992/2378; there are other amendments to the instrument that are not relevant to these Regulations.

[F11 Review U.K.

1A.— (1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of regulations 1(2) to 20;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (which is implemented by means of regulations 1(2) to 20) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulations 1(2) to 20;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) In this regulation, “review period” means—

(a) the period of five years beginning with the day on which this regulation comes into force; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.]

Textual Amendments

F11 Reg. 1A inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 17(2)

Licences U.K.

Limitation on licensing powers U.K.

2.  A licence may not be granted for the purpose of storing CO₂ in the water column.

Applications for a licence U.K.

3.—(1) An application for a licence must be—

(a) made in writing and sent to the [F12 Oil and Gas Authority], F13 ...

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The application must include—

(a) a request that the licence specify a period (the “appraisal term”) during which the licence holder has the right to explore the licensed area before making an application for a storage permit, or

(b) if no such period is requested, a statement of the reasons why such exploration is not considered necessary.

Textual Amendments

F12 Words in reg. 3(1)(a) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 79; S.I. 2016/920, reg. 2(a)

F13 Word in reg. 3(1)(a) omitted (1.10.2016) by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 17(3)(a)

F14 Reg. 3(1)(b) omitted (1.10.2016) by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 17(3)(b)

Appraisal term or initial term U.K.

4.—(1) The appraisal term may not exceed the period necessary to—

(a) generate the information necessary to select a storage site, and

(b) prepare the documents required for an application under regulation 6.

(2) Subject to paragraph (1), the appraisal term may be extended by the authority at the written request of the licence holder, under the conditions laid down by the licence, provided that the authority is satisfied that any exploration so far carried out has been in accordance with the licence.

(3) If the licence does not include an appraisal term—

(a) the licence must specify a period as the “initial term” for the purpose of paragraph (4)(a), but

(b) that initial term may be extended under the conditions laid down by the licence.

(4) The licence expires (unless sooner terminated in accordance with its provisions)—

(a) at the end of the appraisal term or the initial term, if no application for a storage permit is made before that date, or

(b) if such an application is refused, when that refusal is notified to the licence holder.

Content of a licence U.K.

5.  A licence must include the provisions contained in Schedule 1.

Storage permits U.K.

Applications for a storage permit U.K.

6.—(1) The licence holder may, under the conditions laid down by the licence, apply to the authority for a storage permit in respect of a storage site within the licensed area.

(2) Where the licence includes an appraisal term, the application may not be made unless the exploration required by the licence has been completed, and all other terms and conditions of the licence have been complied with.

(3) An application must contain at least the following—

(a) the name and address of the proposed operator;

(b) evidence of the matters referred to in regulation 7(1)(a) to (d);

(c) in relation to the CO₂ that is to be contained within the storage site—

(i) the total quantity that is to be injected and stored;

(ii) a proposed date on which injection is to commence;

(iii) the prospective sources and transport methods;

(iv) the composition of the CO₂ streams that are to be injected;

(v) the proposed injection rates and pressures;

(vi) the proposed location of the injection facilities;

(d) a description of measures to prevent any significant irregularities;

(e) a proposed monitoring plan drawn up in accordance with Annex II to the Directive and that takes into account the obligations imposed on the operator under [F15 the Monitoring Regulation];

(f) a proposed corrective measures plan;

(g) the proposed provisional post-closure plan drawn up in accordance with regulation 13(1);

(h) the information required to be provided in relation to the storage site under legislation [F16 which before exit day implemented] [F17 Article 5 of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment];

(i) details of financial security that will satisfy the requirements in paragraph 7(1) of Schedule 2, including proof that (if the storage permit is granted) such a security will be in force before the proposed date on which injection is to commence.

F18 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Words in reg. 6(3)(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(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in reg. 6(3)(h) 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(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in reg. 6(3)(h) substituted (30.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(2), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F18 Reg. 6(4) omitted (31.12.2020) by virtue of The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

Grant of storage permits U.K.

7.—(1) Before granting a storage permit the authority must be satisfied that—

(a) the storage complex and surrounding area have been sufficiently characterised and assessed in accordance with the criteria set out in Annex I to the Directive,

(b) no part of the storage complex extends beyond the [F19 territory] of the [F20 United Kingdom or another state which is party to an agreement with the United Kingdom concerning cross-boundary cooperation in relation to the complex],

(c) under the proposed conditions of use of the storage site, there is no significant risk of leakage or of harm to the environment or human health, and

(d) the conditions in paragraph (3) are met.

(2) For the purposes of paragraph (1)(b), the territory of a [F21 state] includes its exclusive economic zone and continental shelf within the meaning of Articles 55 and 76 of the United Nations Convention on the Law of the Sea M6 .

(3) The conditions are that the proposed operator—

(a) is technically competent (including in the operation of environmental management systems), financially sound, and can be relied upon to carry out the functions of an operator, and

(b) has in place an appropriate programme of professional and technical development and training.

(4) Where more than one proposed storage site is contained within the same hydraulic unit, before granting a storage permit for either site the authority must be satisfied that the requirements for the grant of such a permit can be met simultaneously.

(5) In considering the application for the storage permit the authority may—

(a) approve the proposed monitoring plan, or

(b) require the applicant to make such modifications to it as the authority (after consulting the applicant) considers necessary,

and (if the permit is granted) the monitoring plan is the plan as so approved or modified.

(6) In considering the application for the storage permit the authority may—

(a) approve the proposed corrective measures plan, or

(b) require the applicant to make such modifications to it as the authority (after consulting the applicant) considers necessary,

and (if the permit is granted) the corrective measures plan is the plan as so approved or modified.

F22 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Word in reg. 7(1)(b) 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(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in reg. 7(1)(b) 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(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Word in reg. 7(2) 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(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Reg. 7(7) omitted (31.12.2020) by virtue of The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M6 Cmnd. 8941.

Content of storage permits U.K.

8.—(1) A storage permit must include at least the following—

(a) the name and address of a single person who is a holder of the licence and who is designated as the operator of the storage site;

(b) the precise location and delimitation of the storage site and the storage complex, and any relevant information concerning the hydraulic unit;

(c) the operational requirements for storage, including—

(i) the total quantity of CO₂ authorised to be stored;

(ii) the reservoir pressure limits; and

(iii) the maximum injection rates and pressures;

(d) the provisions relating to acceptance and injection of CO₂;

(e) any other requirements relating to injection and storage that the authority considers necessary, in particular to prevent significant irregularities;

(f) requirements designed to prevent any undue interference with other uses of the area surrounding the storage site;

(g) the provisions relating to monitoring, including the monitoring plan;

(h) the provisions relating to reporting, and notification of leakages and significant irregularities;

(i) the provisions relating to notification and implementation of changes, and to review and modification or revocation of the permit;

(j) the corrective measures plan, and the provisions relating to corrective measures;

(k) the conditions for closure of the storage site;

(l) the provisional post-closure plan; and

(m) the provisions relating to financial security.

(2) In this regulation, “provisions” means provisions contained in Schedule 2.

Public register U.K.

Information to be published on the register U.K.

9.—(1) The information prescribed for the purposes of section 29 is the information to which paragraph (2) applies.

(2) This paragraph applies to the following information—

(a) the particulars of each licence and storage permit granted;

(b) the particulars of each storage site (including a storage site that has been closed).

(3) The particulars referred to in paragraph (2)(a) are—

(a) the terms and conditions of the licence;

(b) the names and addresses of all past and present licence holders, including the dates on which they became or ceased to be a licence holder;

(c) the names and addresses of all persons (past and present) organising or supervising activities under the licence before the storage permit is granted, including the dates on which they began or ceased to do so;

(d) the terms and conditions of the storage permit;

(e) the names and addresses of all past and present operators under the storage permit, including the dates on which they began or ceased to be the operator;

F23 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) any modifications of the terms and conditions of the licence or the storage permit (including the date on which the modification came into effect);

(h) where the licence has terminated or been surrendered, the date of such termination or surrender;

(i) where the storage permit has been revoked, the date of and reasons for such revocation.

(4) The particulars referred to in paragraph (2)(b) are—

(a) the reports, and any notifications, sent to the authority in accordance with the provisions of the storage permit;

(b) details of any directions given by the authority in respect of corrective measures or measures for the protection of human health, and of any such measures taken by the operator or by the authority;

(c) the current amount of the financial security maintained in accordance with the provisions of the storage permit;

(d) where the storage site has been closed—

(i) the date of closure;

(ii) maps and sections showing the spatial extent of the storage site and storage complex;

(iii) the post-closure plan.

(5) In addition, the Secretary of State may include on the register maintained under section 29(1)—

(a) any other information that the authority that granted the storage permit considers relevant for assessing whether the CO₂ will be completely and permanently contained in the storage site (but this is subject to section 29(2)), and

(b) an estimate by that authority of the total storage capacity of the storage site.

(6) In this regulation—

(a) “the authority” means any licensing authority within the meaning of section 18(2);

(b) “licence” means a licence granted by the authority under section 18(1); and

(c) “licence holder”, “operator” and “storage permit” are to be construed accordingly.

Textual Amendments

F23 Reg. 9(3)(f) omitted (31.12.2020) by virtue of The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 2(5); 2020 c. 1, Sch. 5 para. 1(1)

Powers and duties of the authority U.K.

Corrective measures U.K.

10.—(1) This regulation applies where—

(a) a significant irregularity or a leakage has been detected, and

(b) the licence under which the storage permit is granted is still in force,

but does not apply where the storage permit has been revoked.

(2) Without prejudice to the obligations of the operator under paragraph 6 of Schedule 2, or to the powers of the authority under section 24—

(a) the authority may direct the operator to take any corrective measures (and any measures for the protection of human health) that the authority, after consulting the operator, considers necessary; and

(b) if the operator fails to take the measures so directed, the authority must exercise its powers under paragraph (4).

(3) The measures directed to be taken under paragraph (2)(a) may be additional to, or different from, those set out in the corrective measures plan.

(4) Whether or not a direction has been given under paragraph (2) or under section 24—

(a) the authority may at any time take such measures itself (or arrange for another person to take them on the authority's behalf); and

(b) the costs of doing so are to be paid by the operator.

(5) Section 24(5) to (8) applies to action taken under paragraph (4) as it applies to action taken under section 24(4).

Review, modification and revocation of storage permit U.K.

11.—(1) Where a notification is made under paragraph 4(1) of Schedule 2, the authority—

(a) may make such modifications to the storage permit as the authority considers appropriate, and

(b) must notify the operator of—

(i) the date on which any such modifications are to come into effect, and

(ii) the date on which the change in question may be implemented.

(2) However, where it appears to the authority that the matters so notified would amount to a substantial change, the authority must—

(a) make such modifications to the storage permit as the authority considers appropriate (and make a notification in accordance with paragraph (1)(b)), or

(b) notify the operator that the change may not be implemented.

(3) The authority must make a notification under paragraph (1)(b) or (2) on or before—

(a) the date (“the target date”) on which the operator proposes to implement a change notified under paragraph 4(1) of Schedule 2, or

(b) any later date the authority considers is required in order for it to make such a notification.

(4) The authority shall notify the operator of a later date pursuant to paragraph (3)(b)—

(a) no less than one week before the target date, or

(b) if one or more later dates have already been notified by the authority pursuant to this paragraph, no less than one week before the date last notified.

(5) This paragraph applies where the authority becomes aware of—

(a) any (or any risk of) leakages or significant irregularities;

(b) any breach of the terms or conditions of the storage permit; or

(c) any scientific finding or technological development which appears to have a bearing on the conduct of operations at the storage site.

(6) The authority must consider whether to modify or revoke the storage permit—

(a) where paragraph (5) applies, and

(b) in any event, on the date (“the review date”) falling on the fifth anniversary of the grant of the storage permit, and subsequently on every tenth anniversary of the review date.

(7) Following that consideration, the authority may—

(a) make such modifications to the storage permit as the authority considers appropriate, or

(b) if it decides that modification of the permit would be insufficient in the light of the matters referred to in paragraph (5), revoke the permit.

(8) Before making any revocation or modification under this regulation, the authority must consult the operator and any other holder of the licence.

[F24 (9) In this regulation “substantial change” means any change not provided for in the storage permit which may have a significant effect on the environment or human health.]

Textual Amendments

F24 Reg. 11(9) inserted (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(6); 2020 c. 1, Sch. 5 para. 1(1)

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;

[F25 (d) in relation to the offset of emissions which are leakage under climate change legislation (if any); and]

(e) under legislation [F26 which before exit 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 M7 ).

(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

F25 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)

F26 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)

Marginal Citations

M7 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)).

Closure of storage site and post-closure period U.K.

Post-closure plan U.K.

13.—(1) Before applying for a storage permit, the licence-holder must draw up a proposed provisional post-closure plan that is—

(a) based on best practice, and

(b) in accordance with Annex II to the Directive.

(2) Before granting a storage permit, the authority must—

(a) approve that proposed plan, or

(b) require the operator to make such modifications to it as the authority (after consulting the operator) considers necessary,

and the provisional post-closure plan is the plan as so approved or modified.

(3) The authority may—

(a) approve a proposed post-closure plan submitted to it for approval in accordance with paragraph 3(1) of Schedule 1, or

(b) require the operator to make such modifications to it as the authority (after consulting the operator) considers necessary,

and the post-closure plan is the plan as so approved or modified.

(4) Where the authority is deemed to be the operator in accordance with regulation 12(5), the post-closure plan is the provisional post-closure plan with such modifications as the authority considers necessary.

Post-closure obligations U.K.

14.  The closure of the storage site is without prejudice to the obligations of the operator—

(a) under legislation [F27 which before exit day implemented] Articles 5 to 8 of the Environmental Liability Directive, or

[F28 (b) relating to the offset of emissions which are leakage under climate change legislation (if any).]

Textual Amendments

F27 Words in reg. 14(a) 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(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Reg. 14(b) 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(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Environmental Liability Directive U.K.

Environmental Damage (Prevention and Remediation) Regulations 2009 U.K.

15.  In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009 M8 , after paragraph 10 insert—

“11.   The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.”.

Marginal Citations

M8 S.I. 2009/153, amended by S.I. 2009/3275 and 2010/587. The Regulations make provision for implementing the Environmental Liability Directive in England, surrounding waters and in marine areas where the United Kingdom has jurisdiction beyond the territorial sea.

[F29 Inspections and enforcement U.K.

Textual Amendments

F29 Regs. 16-20 and cross-heading inserted (23.2.2012) by The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012 (S.I. 2012/461), regs. 1, 4

Inspections U.K.

16.— (1) The authority must carry out an inspection (a “routine inspection”) of a storage complex—

(a) during the initial period—

(i) no later than 1 year from the date that period commences; and

(ii) subsequently, no later than 1 year from the date of the immediately previous inspection; and

(b) during the post-closure period—

(i) no later than 5 years from the date that period commences; and

(ii) subsequently, no later than 5 years from the date of the immediately previous inspection.

(2) A routine inspection must include an examination of—

(a) the injection and monitoring facilities; and

(b) the effects on the environment and human health of the activities carried out under the relevant licence.

(3) The authority must carry out an inspection of a storage complex if—

(a) the authority becomes aware of—

(i) leakages or significant irregularities; or

(ii) a breach of the terms or conditions of the relevant storage permit; or

(b) a complaint is made to the authority about the effects of activities carried out under the relevant licence on the environment or to human health, unless the authority believes that complaint is frivolous or vexatious.

(4) The authority may carry out an inspection other than when required under paragraphs (1) or (3) as the authority considers appropriate.

(5) An inspection carried out pursuant to paragraph (3) or (4)—

(a) does not constitute a routine inspection for the purposes of paragraph (1); but

(b) may be carried out simultaneously with a routine inspection.

(6) In this regulation, in relation to any storage complex—

(a) “initial period” means the period commencing on the date on which injection commences at the storage site and ending on the third anniversary of the date of closure of the storage site;

(b) “monitoring facilities” means facilities used for the carrying out of a programme of monitoring pursuant to paragraph 2 of Schedule 2;

(c) “post-closure period” means the period commencing on the day after the third anniversary of the date of closure of the storage site and ending on the date on which the relevant licence is terminated; and

(d) “year” means a period of 12 months.

Appointment of inspectors U.K.

17.— (1) An inspector may exercise any of the powers described in Schedule 3 to assist the authority in carrying out its functions under Chapter 3 of the Energy Act 2008.

(2) The functions referred to in paragraph (1) include—

(a) investigating whether—

(i) the provisions of a licence or of any consent granted under a licence; or

(ii) any requirements, restrictions or prohibitions imposed by or under Chapter 3 of the Energy Act 2008,

have been, or are being, complied with; and

(b) monitoring the effects on the environment and on human health of activities authorised by or under a licence.

(2) An inspector must report to the authority in such manner as the authority may direct.

(3) An inspector must, before exercising any of the powers described in Schedule 3, produce evidence of appointment if requested to do so.

Inspection reports U.K.

18.— (1) The authority must prepare a written report (an “inspection report”) of the results of an inspection.

(2) An inspection report must include—

(a) the authority’s assessment of whether or not, in respect of the storage complex inspected—

(i) the provisions of a licence or of any consent granted under a licence; and

(ii) any requirements, restrictions or prohibitions imposed by or under Chapter 3 of the Energy Act 2008,

have been, or are being, complied with; and

(b) a statement as to what action (if any) the authority considers is required to ensure such compliance.

(3) A statement made in an inspection report pursuant to paragraph (2)(b) does not preclude the authority from requiring the licence holder or any other person to take any other action.

(4) The authority must within two months of the completion of an inspection—

(a) provide a copy of the inspection report to the operator of the relevant storage site; and

(b) include the inspection report on the register maintained under section 29(1).

Evidence U.K.

19.— (1) An answer given by a person in compliance with a requirement imposed under paragraph 1(i) of Schedule 3 is admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.

(2) In criminal proceedings in which a person mentioned in paragraph (1) is charged with an offence to which this paragraph applies, no evidence relating to that person’s answer may be adduced and no question relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.

(3) Paragraph (2) applies to any offence other than one—

(a) under regulation 20(1)(c);

(b) under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);

(c) under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) under article 10 of the Perjury (Northern Ireland) Order 1979.

(4) Nothing in Schedule 3 compels the production by any person of a document of which that person would on ground of legal professional privilege be entitled to withhold production on an order for disclosure or discovery in an action in the High Court or the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.

Offences U.K.

20.— (1) It is an offence for a person—

(a) wilfully to obstruct an inspector in the exercise of the powers or duties conferred on the inspector by these Regulations;

(b) without reasonable excuse to fail to comply with a requirement imposed under Schedule 3 or to prevent another person from complying with such a requirement; or

(c) (i) to make a statement which that person knows to be false or misleading in a material particular; or

(ii) recklessly to make a statement which is false or misleading in a material particular,

where such a statement is made in purported compliance with any requirement imposed under Schedule 3 for the supply of information to an inspector.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction—

(i) in England and Wales or Northern Ireland, to a fine not exceeding the statutory maximum;

(ii) in Scotland, to a fine not exceeding £5,000; or

(b) on conviction on indictment, to a fine.

(3) Where an offence under paragraph (1) is committed by a body corporate and is proved to have been committed with the consent or connivance of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

(4) Where an offence under paragraph (1) is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(5) In this regulation—

(a) “officer”, in relation to a body corporate, means—

(i) any director, manager, secretary or other similar officer of the body corporate; or

(ii) any person who was purporting to act in any such capacity;

(b) “partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.

(6) In paragraph (5) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(7) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.]

Marland

Parliamentary Under Secretary of State

Department of Energy and Climate Change