Part 1Gas Importation and Storage

Chapter 2Importation and storage of combustible gas

Activities requiring a licence

I12Prohibition on unlicensed activities

1

No person may carry on an activity within subsection (3) except in accordance with a licence.

2

But subsection (1) is subject to F2sections 3 and 3A.

3

The activities are—

a

the use of a controlled place for the unloading of gas to an installation or pipeline;

b

the use of a controlled place for the storage of gas;

c

the conversion of any natural feature in a controlled place for the purpose of storing gas;

d

the recovery of gas stored in a controlled place;

e

the exploration of a controlled place with a view to, or in connection with, the carrying on of activities within paragraphs (a) to (d);

f

the establishment or maintenance in a controlled place of an installation for the purposes of activities within this subsection.

4

In this section—

  • “controlled place” means a place in, under or over—

    1. a

      the territorial sea, or

    2. b

      waters in a Gas Importation and Storage Zone (within the meaning of section 1(5));

  • “gas” means any combustible substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb) and which consists wholly or mainly of—

    1. a

      methane,

    2. b

      ethane,

    3. c

      propane,

    4. d

      butane,

    5. e

      a substance designated for the purposes of this section by an order made by the Secretary of State, or

    6. f

      a mixture of two or more of the substances mentioned in paragraphs (a) to (e).

I23Exception for activities carried on partly on land etc

1

This Chapter does not apply in relation to—

a

the use of a controlled place for the unloading of gas to an installation which is connected with land by a permanent structure providing access at all times and for all purposes;

b

the conversion of a natural feature of which part is in a controlled place and part under land, if the operations necessary for the conversion take place wholly or mainly on, over or under land;

c

the use of a place for the storage of gas, or the recovery of gas so stored, where—

i

the gas was, or is to be, introduced into the store by means of a well on land, and

ii

part of the place is a controlled place and part is under land;

d

the establishment or maintenance of an installation for the purposes of activities falling within paragraph (a).

2

In this section—

  • “land” means—

    1. a

      land in England;

    2. b

      land in Wales;

    3. c

      land in Scotland landward of the low water mark;

  • “well” includes a borehole.

3AF1Exception for unloading to an installation in certain circumstances

The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if—

a

the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and

b

B consents to the use by A of the controlled place for the unloading of gas to the installation.