The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011

Regulation 5

SCHEDULE 1 PROVISIONS TO BE INCLUDED IN A LICENCE

Closure of storage site by the operator

1.—(1) Subject to paragraph (4), the operator must close a storage site where the conditions for closure referred to in regulation 8(h) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 (“the Regulations”) are met.

(2) Subject to paragraph (4), the operator may close a storage site if—

(a) the consent of the authority has been given following an application under sub-paragraph (3); and

(b) any conditions attached to that consent have been met.

(3) An application for the authority’s consent to the closure of a storage site must—

(a) be made in writing and sent to the Scottish Ministers; and

(b) contain the reasons why the operator proposes to close the storage site.

(4) A storage site may not be closed under sub-paragraph (1) or (2) until the terms of the post-closure plan have been determined under regulation 12(3) of the Regulations.

Post-closure plan

2.—(1) Prior to the closure of a storage site the operator must submit a proposed post-closure plan to the authority for approval.

(2) The proposed post-closure plan must be based on the provisional post-closure plan, subject to any modifications proposed by the operator.

(3) In deciding whether to propose any such modifications, the operator must take into account—

(a) an analysis of the relevant risks;

(b) current best practice; and

(c) any improvements in the available technology.

Post-closure obligations

3.—(1) After a storage site has been closed and until the licence is terminated, the operator must continue to comply with the obligations in the storage permit to—

(a) monitor the storage site;

(b) report and notify leakages and significant irregularities (with the exception of the obligation to provide information on the quantities, properties and composition of the CO₂ streams that have been delivered to and injected into the storage site); and

(c) take corrective measures.

(2) For the purpose of complying with the obligations referred to in sub-paragraph (1), any reference to the monitoring plan or the corrective measures plan is to be read as a reference to the post-closure plan.

(3) The operator must seal the storage site and remove the injection facilities in accordance with its obligations under Part 4 of the Petroleum Act 1998.

Extraction of stored CO₂

4.  The operator must not (and must not permit any other person to) extract stored CO₂ from a storage site except with the prior written consent of the authority and in accordance with any conditions subject to which consent is given.

Interpretation

5.—(1) In this licence the following expressions have the meaning given by regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011—

“the authority”;

“corrective measures plan”;

“injection”;

“licence”;

“monitoring plan”;

“operator”;

“post-closure plan”;

“provisional post-closure plan”; and

“storage permit”.

(2) The following expressions have the meanings given by Article 3 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (and cognate expressions are to be construed accordingly)—

“closure” of a storage site;

“corrective measures”;

“CO₂ plume”;

“CO₂ stream”;

“exploration”;

“hydraulic unit”;

“leakage”;

“migration”;

“significant irregularity”;

“significant risk”;

“storage complex”;

“storage site”;

“substantial change”;

“waste”; and

“water column”.