Gas Act 1965

5 Control of mining and other operations in storage area and protective area. E+W+S

(1) This section shall apply to controlled operations in a storage area and, if a storage authorisation order so provides as respects any area outside the storage area, in that other area (in this Part of this Act referred to as “the protective area”), and for the purposes of this section controlled operations are any description of excavation, mining, quarrying or boring operations in the storage area or the protective area which are carried out wholly or partly below the depth prescribed by the storage authorisation order (which may be a different depth for different parts of either area) and which are begun or continued after the coming into force of the storage authorisation order.

(2) No person, other than the [F1 public gas transporter] authorised to operate the underground gas storage, shall carry out any controlled operations without the consent of the Minister.

[F2 (2A) Subsection (2) does not apply so far as the controlled operations are authorised by an order granting development consent under the Planning Act 2008.]

(3) An application for the consent of the Minister under this section shall state—

(a) the name and address of the applicant,

(b) the extent, purpose and nature of the proposed operations, and the methods proposed to be employed,

(c) the location and depth of every proposed borehole, shaft, excavation, quarry or other working.

(4) The applicant shall serve a copy of his application on the [F1 public gas transporter] to whom the storage authorisation order applies and inform the Minister of the date on which he has done so.

(5) If within twenty-eight days of the date on which the copy of the application is so served, the [F1 public gas transporter] [F3 informs the Minister that he objects] to any of the proposals, or if the Minister proposes to refuse consent or to attach any conditions to his consent, the Minister shall afford to the applicant and to the [F1 public gas transporter] an opportunity of being heard before a person appointed by the Minister.

(6) The Minister shall take into consideration the application and the report of any such hearing, and may either refuse the application or give his consent with or without any conditions.

(7) The Minister’s consent under this section shall enure for the benefit of the land and of all persons for the time being interested in the land.

(8) The Minister after giving his consent, with or without conditions, may at any time revoke his consent or impose conditions or further conditions or revoke or vary any conditions previously imposed but, before acting under this subsection, the Minister shall afford to the [F1 public gas transporter] and to any person for the time being interested in the land an opportunity of being heard before a person appointed by the Minister.

(9) The [F1 public gas transporter] shall pay to a person making an application for the Minister’s consent under this section, or for a decision under subsection (8) of this section, any expenses reasonably incurred by the applicant in the preparation of plans, and any expenses reasonably incurred by him upon other similar matters in connection with the application, including reasonable costs incurred in employing an engineer, surveyor, land agent, solicitor or other person in an advisory capacity.

[F4 (10) The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section].

(11) On the coming into operation of a storage authorisation order relating to an area in Scotland it shall be recorded as soon as may be in the General Register of Sasines by the [F1 public gas transporter] named in the order; and particulars of any consent given by the Minister relating to controlled operations in Scotland shall be recorded as aforesaid by the person who has applied for that consent, and any further decision taken in relation to that consent under subsection (8) of this section shall be so recorded by the Minister.

(12) It shall be the duty of the [F1 public gas transporter] concerned to furnish to any person who is under an obligation to record a consent under the last foregoing subsection all necessary information to enable him to comply with that obligation.

(13) If any person contravenes subsection (2) of this section or fails to comply with any conditions imposed under this section he shall be guilty of an offence under this Part of this Act and shall be liable—

(a) on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, or to both, and

(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.

Textual Amendments

F1 Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2

F2 S. 5(2A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 13 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F3 Words substituted by Gas Act 1986 (c. 44), s. 67(1)(3), Sch. 7 para. 6(5), Sch. 8 para. 33

F4 S. 5(10) substituted by Local Land Charges Act 1975 (c. 76), Sch. 1

Modifications etc. (not altering text)

C1 S. 5(9) amended (E.W.) (01.01.1992) by S.I. 1991/2684, arts. 2, 4, Sch. 1.