Part 1Gas Importation and Storage

Chapter 3Storage of carbon dioxide

Licensing

I118Licences

1

The licensing authority may grant a licence to a person in respect of one or more activities within section 17(2).

2

The licensing authority is—

a

in the case of a licence in respect of activities within section 17(2)(a) to (c) and F5an offshore controlled place which is notF2in, under or over the territorial sea adjacent to ScotlandF2a Scottish controlled placeF6(an “offshore UK-controlled place”), the F16OGA,

b

in the case of a licence in respect of F7activities within section 17(2)(a) to (c) and a F3controlled place which is in, under or over F8the territorial sea adjacent to ScotlandF3Scottish controlled place, the Scottish Ministers,

c

in the case of a licence in respect of F9activities within section 17(2)(a) to (c) and F10an offshore controlled place only part of which is in, under or over F11the territorial sea adjacent to Scotland, either the F16OGA or the Scottish Ministers,F4...

F12ca

in the case of a licence in respect of activities within section 17(2)(a) to (c) and an English controlled place, the F16OGA,

cb

in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Welsh controlled place, the Welsh Ministers,

cc

in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Northern Ireland controlled place, the Department of Enterprise, Trade and Investment in Northern Ireland,

cd

in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Welsh controlled place and the rest of which is an English controlled place or an offshore UK-controlled place (or a combination of such places), either the Welsh Ministers or the F16OGA,

ce

in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Northern Ireland controlled place and the rest of which is an offshore UK-controlled place, either the Department of Enterprise, Trade and Investment in Northern Ireland or the F16OGA, and

d

in the case of a licence in respect of activities within section 17(2)(d), whichever of the F16OGAF13, the Welsh Ministers, the Department of Enterprise, Trade and Investment in Northern Ireland or the Scottish Ministers licenses the activities for the purposes of which the installation is established or maintained;

and in this Chapter references to the licensing authority in relation to a licence falling within paragraph (c)F14, (cd) or (ce) are references to the person who grants the licence or, if the licence has not yet been granted, to whom the application for the licence was made.

3

The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted.

F184

For this purpose a “Crown lease” means (as the case may be)—

a

a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or

b

a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise).

F174ZA

In subsection (4), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

F154A

In this section—

  • “English controlled place” means a controlled place in England or in, under or over so much of the internal waters of the United Kingdom as are adjacent to England;

  • “Northern Ireland controlled place” means a controlled place in Northern Ireland or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Northern Ireland;

  • “Welsh controlled place” means a controlled place in Wales or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Wales.

F15

In this section, “Scottish controlled place” means—

a

a controlled place in Scotland, or

b

a controlled place within the seaward limits of the territorial sea adjacent to Scotland.