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The Petroleum Licensing (Exploration and Production) (Landward Areas) (Amendment) (England and Wales) Regulations 2016

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Amendments to model clauses for petroleum exploration and development licences

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2.—(1) Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014(1) is amended as follows.

(2) After clause 22 (control of development wells), insert—

“Prohibition on hydraulic fracturing in Protected Areas in England and Wales

22A.—(1) The Licensee shall not carry out Relevant Hydraulic Fracturing from a Well if the well pad is in a Protected Area in England or Wales.

(2) In this clause—

(a)“Protected Area” means any area which is—

(i)a protected groundwater source area or other protected area as defined by regulations 2 and 3 of the Onshore Hydraulic Fracturing (Protected Areas) Regulations 2016(2);

(ii)a European site as defined by regulation 8(1) of the Conservation of Habitats and Species Regulations 2010(3);

(iii)a site of special scientific interest notified in accordance with section 28 of the Wildlife and Countryside Act 1981(4) unless the notification has ceased to have effect by virtue of subsection (6) of that section; or

(iv)designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;

(b)“Ramsar Convention” has the meaning given in section 37A(4) and (5) of the Wildlife and Countryside Act 1981(5);

(c)“Relevant Hydraulic Fracturing” means hydraulic fracturing of shale or strata encased in shale which is carried out in connection with the use of a Well to search or bore for or get petroleum, and involves, or is expected to involve, the injection of—

(i)more than 1,000 cubic metres of fluid at any stage, or expected stage, of the hydraulic fracturing, or

(ii)more than 10,000 cubic metres of fluid in total.”.

(1)

S.I. 2014/1686, amended by S.I. 2016/912.

(3)

S.I. 2010/490, to which there are amendments not relevant to these Regulations.

(4)

1981 c. 69; section 28 was substituted by the Countryside and Rights of Way Act 2000 (c. 37) Schedule 9, paragraph 1. It was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) Schedule 11, Part 1, paragraph 79, and by the Marine and Coastal Access Act 2009 (c. 23) Schedule 13, Part 2, paragraph 2. It was modified in respect of functions exercisable in relation to Wales by S.I. 1999/672.

(5)

Section 37A was inserted by the Countryside and Rights of Way Act 2000 (c. 37), section 77.

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