50 Onshore hydraulic fracturing: safeguards
Infrastructure Act 2015 (2015 c 7) | Legislation

50  Onshore hydraulic fracturing: safeguards

After section 4 of the Petroleum Act 1998 insert—

“4A Onshore hydraulic fracturing: safeguards

(1)     The Secretary of State must not issue a well consent that is required by an onshore licence for England or Wales unless the well consent imposes—

(a)     a condition which prohibits associated hydraulic fracturing from taking place in land at a depth of less than 1000 metres; and

(b)     a condition which prohibits associated hydraulic fracturing from taking place in land at a depth of 1000 metres or more unless the licensee has the Secretary of State's consent for it to take place (a “hydraulic fracturing consent”).

(2)     A hydraulic fracturing consent is not to be issued unless an application for its issue is made by, or on behalf of, the licensee.

(3)     Where an application is made, the Secretary of State may not issue a hydraulic fracturing consent unless the Secretary of State—

(a)     is satisfied that—

(i)     the conditions in column 1 of the following table are met, and

(ii)     the conditions in subsection (6) are met, and

(b)     is otherwise satisfied that it is appropriate to issue the consent.

(4)     The existence of a document

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