Water Bill — Report (2nd Day) — 31 Mar 2014 at 17:17

Relevant documents: 20th, 22nd, 23rd and 24th Reports from the Delegated Powers Committee.

Amendment 88ZA

Moved by Lord Whitty

88ZA: After Clause 50, insert the following new Clause-

"Onshore oil or gas activities: effect on water environment

In Part 1 of Schedule 5 to the Environmental Permitting (England and Wales) Regulations 2010 (environmental permits) after paragraph 13 there is inserted-

"Onshore oil or gas activities: effect on water environment

13A. Without prejudice to the operation of regulation 35(2) and paragraph 5(1)(d) of Schedule 10 and of regulation 35(2) and paragraph 7(j) of Schedule 20, the regulator shall refuse an application for the grant or variation of an environmental permit or for the transfer in whole or in part of an environmental permit if-

(a) the regulated facility to which the application for, or transfer of, the environmental permit relates is to be carried on as part of an onshore oil or gas activity; and

(b) the regulator is not satisfied that the applicant or the proposed transferee has made or will make adequate financial provision for preventing or mitigating pollution of the water environment, by ensuring all of the following-

(i) operation of the regulated facility in accordance with the environmental permit;

(ii) compliance with any enforcement notice or suspension notice or prohibition notice or mining waste facility closure notice or landfill closure notice which may be served on the applicant or transferee by the regulator under these regulations;

(iii) compliance with any order of the High Court which may be obtained against the applicant or transferee under regulation 42 for the purpose of securing compliance with any of the notices listed in sub-paragraph (ii);

(iv) compliance with any order of any court issued under regulation 44 against the applicant or transferee; and

(v) recovery by the regulator of its costs upon any exercise of its power against the applicant or transferee under regulation 57;

(c) for the purpose of this paragraph "onshore oil or gas activity" means any activity for the purpose of exploration for or extraction of onshore oil and gas;

(d) for the purpose of this paragraph "adequate provision by way of financial security" means financial provision which is sufficient in value, secure and available when required.""

Debate in Parliament | Source |