Wales Act 2017

Petroleum Act 1998 (c. 17)

16 (1) Section 4A of that Act (onshore hydraulic fracturing: safeguards) is amended as follows.

(2) In subsection (1), after “well consent” insert “for a well situated in the English onshore area”.

(3) After subsection (1) insert—

“(1A) The Welsh Ministers must not issue a well consent for a well situated in the Welsh onshore area that is required by an onshore licence for England or Wales unless the well consent imposes—

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

(b) a condition that prohibits associated hydraulic fracturing from taking place in land at a depth of 1000 metres or more unless the licensee has the Welsh Ministers’ consent for it to take place (a “hydraulic fracturing consent”).”

(4) In subsection (3), after “made” insert “to the Secretary of State”.

(5) After subsection (3) insert—

“(3A) Where an application is made to the Welsh Ministers, the Welsh Ministers may not issue a hydraulic fracturing consent unless—

(a) they are 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) they are otherwise satisfied that it is appropriate to issue the consent.”

(6) In subsections (4) and (5), after “Secretary of State” insert “or the Welsh Ministers”.

(7) In subsection (7), for “which the Secretary of State thinks appropriate” substitute “thought to be appropriate by the Secretary of State or the Welsh Ministers”.