Infrastructure Act 2015
Official Summary
A Bill to make provision for strategic highways companies and the funding of transport services by land; to make provision for the control of invasive non-native species; to make provision about nationally significant infrastructure projects; to make provision about town and country planning; to make provision about the Homes and Communities Agency and Mayoral development corporations; to make provision about the Greater London Authority so far as it exercises functions for the purposes of housing and regeneration; to make provision about Her Majesty’s Land Registry and local land charges; to make provision enabling building regulations to provide for off-site carbon abatement measures; to make provision for giving members of communities the right to buy stakes in local renewable electricity generation facilities; to make provision about maximising economic recovery of petroleum in the United Kingdom; to provide for a levy to be charged on holders of certain energy licences; to enable Her Majesty’s Revenue and Customs to exercise functions in connection with the Extractive Industries Transparency Initiative; to make provision about onshore petroleum and geothermal energy; to make provision about renewable heat incentives; and for connected purposes.
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Overview
This Infrastructure Bill amendment focuses on regulating onshore petroleum activity, particularly hydraulic fracturing ("fracking"), in England and Wales. It mandates impact assessments on carbon emissions from onshore petroleum extraction and introduces stringent safeguards for fracking, including environmental impact assessments and community benefit schemes.
Description
The bill introduces two main sets of amendments:
Onshore Petroleum and Carbon Budget
The Secretary of State must regularly seek advice from the Committee on Climate Change on the impact of onshore petroleum combustion and fugitive emissions on the UK's carbon budget and 2050 targets. Reports based on this advice must be presented to Parliament. A significant change made in the Lords removes the requirement for the Committee on Climate Change to provide advice in accordance with section 38 of the Climate Change Act 2008 and replaces it with a requirement to lay before Parliament advice received and a report if regulations aren't laid.
Hydraulic Fracturing Safeguards
This section significantly restricts onshore hydraulic fracturing. Fracking is prohibited unless: an environmental impact assessment is carried out; well integrity is independently inspected; twelve months of site monitoring is completed; fugitive emissions are measured, monitored and publicly disclosed; it does not occur within groundwater source protection zones, or protected areas; the depth is not less than 1,000 metres; cumulative impacts are considered by planning authorities; community benefit schemes are in place; individual residents are notified; substances used are approved by the Environment Agency; and land is restored to a condition required by the planning authority; water companies are consulted. The Lords amendments consolidate these requirements, specifying conditions for well consents issued by the Secretary of State, including depth restrictions and a consent process for fracking at depths of 1000 meters or more.
Government Spending
The bill is unlikely to significantly increase government spending directly. Costs will arise from the additional regulatory processes and reporting requirements, but precise figures are not provided in the bill text.
Groups Affected
- Petroleum companies: Face increased regulatory burdens and potential restrictions on onshore operations, particularly regarding fracking.
- Environmental groups: May see the amendments as either strengthening or weakening environmental protections, depending on their specific priorities.
- Local communities: Potentially impacted by both the environmental effects and potential economic benefits (or lack thereof) from onshore petroleum activities. Notification requirements are designed to inform affected communities.
- Planning authorities: Assume increased responsibilities in assessing and regulating fracking activities.
- Government agencies (Environment Agency, Health & Safety Executive): Take on expanded roles in monitoring and regulating onshore petroleum activities and fracking.
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