The government is seeking to change the rules that help people make legal challenges to environmental decisions.

The proposals, if approved, could make it more expensive and risky to seek a judicial review of planning decisions.

A consultation on changes to the rules, known as cost protection, is currently open for public comments.It is one of three national consultations relevant to the onshore oil and gas industry.

This post reviews these proposals and the consultations. It also looks at the consultations on a new minerals plan and Third Energy’s fracking proposals in North Yorkshire and planning applications in Surrey, Nottinghamshire and Swansea.

National consultations

Costs protection in environmental claims

Deadline for comments: Thursday 10^th December 2015 at 12.00am
Respond to: The Ministry of Justice
Link and consultation document

Proposals
The Aarhus Convention limits the liability for legal fees, called costs protection, when members of the public challenge some decisions made by public bodies. The government proposes to:

• Change the definition of challenges that are eligible for costs protection under the Convention. This could restrict the decisions that the public may wish to challenge, especially on planning.
• Change the definition of “a member of the public” eligible for cost protection. This could exclude some groups from launching actions on behalf of their members.
• Change when costs protection is granted to those who want to bring a case. Currently, people hear if they can get costs protection for their case immediately. If they are refused leave to bring the case their costs are limited to £5,000 or £10,000. The government wants people to succeed in getting leave to bring a case before they are told if they can get costs protection. This could mean that if they fail to get leave to bring the case they could be sued by the other side for the full costs of defending an action.
• Change the limit on costs. The government proposes to increase the minimum cost for individuals from £5,000 to £10,000 and from £10,000 to £20,000+ for groups. Defendants in a case could also be able to apply to increase the costs.

Friends of the Earth summary

Briefing by Wildlife and Countryside Link

Ecologist article (30/11/15)

Surface development restrictions for hydraulic fracturing

Deadline for comments: Wednedsay 16^th December 2015
Respond to: The Office of Unconventional Gas and Oil, Department of Energy and Climate Change
Link

Proposals
The government proposes to include a licence condition in all new Petroleum Exploration and Development Licences (PEDLs) awarded from the 14^th licensing round onwards that will prevent hydraulic fracturing from new or existing wells that are drilled at the certain of specified protected areas. These areas comprise:

• National Parks, the Broads and Areas of Outstanding Natural Beauty
• World Heritage Sites
• Source Protection Zones (SPZ) 1
• Sites of Special Scientific Interest
• Natural 2000 sites (Special Areas of Conservation and Special Protection Areas)
• Ramsar sites

For existing licences, the government proposes to set out a policy statement. This will indicate that “the Secretary of State is not minded to grant consent for any programme which includes ‘associated hydraulic fracturing’ as defined in 4B (1) of the Petroleum Act 1998 for new or existing wells drilled at the surface in specified protected areas”.

DrillOrDrop report Government’s double U-turn makes fracking rules even more complicated (6/11/15)

Frack Free Ryedale post on responding to the consultation

Onshore oil and gas: sector guidance consultation

Deadline for comments: Thursday 3^rd March 2016 at 11.45pm
Respond to: The Environment Agency
Link to consultation
Consultation information
Draft guidance document

Proposals
The guidance sets out, for the first time, which environmental permits issued by the Environment Agency are needed for onshore oil and gas operations in England. It also explains the Best Available Techniques that should be used to meet regulatory requirements. This includes:

• Constructing a well pad
• Drilling exploratory wells
• Flow testing and well stimulation, including hydraulic fracturing
• Storing and handling crude oil
• Treatment of waste gases (including flaring)
• Handling, storage and disposal of produced waters and flowback fluid
• Managing extractive wastes
• Extraction of coal mine methane

The consultation specifically asks:

1. Does the guidance signpost the reader to the appropriate regulatory regime for onshore oil and gas exploration and extraction
2. Does it outline the EA permits that are needed for onshore oil and gas?
3. Does it clearly outline other EA permissions that are needed for onshore oil and gas?
4. Is there anything missing that should be included

Local policy consulation

North Yorkshire County Council, City of York Council and North York Moors National Park Authority Minerals and Waste Plan

Deadline for comments: Friday 15^th January 2016
Respond online or print response form
Consultation information (including drop-in sessions)
Link to consultation documents

Proposals: long-term plan with policies to help take decisions about matter such as where, when and how minerals, including gas and oil developments, should take place up to 2030.

The consultation asks participants whether they support the following policies – and if not how they should be changed and why.

• M16 on the location of hydrocarbon development (see P88 of Preferred options document)
• M17 on exploration and appraisal of hydrocarbon resources (see P91 of Preferred options document)
• M18 on production and processing of hydrocarbon resources (see p94 of Preferred options document)
• M19 on carbon and gas storage (P96 of Preferred options document)

Local planning and permit consultations

UK Methane proposals for coal bed methane exploration at Bryntywod, Langyfelach, (2015/1515)

Deadline for comments: Monday 7^th December 2015
Respond to: City and County of Swansea Council
Link to application (search for application number 2015/1515)

Proposals
Drilling of an appraisal borehole for the purpose of coal bed methane exploration with associated equipment, drilling rig, site cabins and offices.

IGas application for retention of the Albury Park Wellsite, Albury, Surrey (2015/0230)

Deadline for comments: Monday 14^th December 2015
Respond to: Surrey County Council
Link to application

Proposals
Retention of the Albury wellsite and access track for the production of Compressed Natural Gas (CNG) and electricity including: temporary flaring to re-establish gas flow, the installation of CNG production plant and equipment within the wellsite compound and also a tanker loading area, site office, lighting, security cameras, gas powered generator, coolers, generator control room, knock out pot and WC; and retention of a transformer unit, switch room, water tank, temporary parking area and perimeter fencing all on some 1.51 hectares for a temporary period of 15 years with restoration to commercial forestry.

IGas application for shale gas exploration, Springs Lane, Misson (ES/3379)

Deadline for comments: Wednesday 23^rd December 2015
Respond to: Nottinghamshire County Council
Link to planning application (ES/3379)

Proposal
To develop a hydrocarbon wellsite and drill up to two exploratory hydrocarbon wells (one vertically and one horizontally) by use of a drilling rig together with associated ancillary works. The proposed development will be carried out in four phases: Phase 1 – Wellsite construction; Phase 2 – Drilling of up to two exploratory wells for hydrocarbons including potential shale gas (the first one vertical and the second one horizontal); Phase 3 – Suspension of wells and assessment of drilling results; Phase 4 – Site decommissioning, well abandonment and restoration.

Third Energy applications for environmental permits for Kirby Misperton, N Yorks (EPR/DB3002HE and EPR/KB3098DE)

Deadline for comments: Friday 15th January
Respond to: Environment Agency
Link to consultation documents

Proposal
The Environment Agency has said it is minded to approve permits for Third Energy’s plans to frack at the KM8 well at Kirby Misperton in the Ryedale district of North Yorkshire. It is inviting comments on draft permits for a mining waste operation, discharging substances to groundwater and handling naturally-occuring radioactive material.
DrillOrDrop report

Updated 2/12/15 to include consultation on Third Energy application for environmental permits