The Petroleum Act 1998 (c. 17) is an act of the Parliament of the United Kingdom which consolidated arrangements for the licensing, operation and abandonment of offshore installations and pipelines. As a consolidation Act, it did not change the substantive law, although certain Acts were amended and repealed.
Background
This was a consolidation act which brought together a number of enactments on petroleum. It dealt with rights and licences to search for and get petroleum; the application of criminal and civil law to offshore activities; authorisations for submarine pipelines; and the decommissioning of offshore installations and pipelines. The main acts which were to be consolidated were the Petroleum (Production) Act 1934 (24 & 25 Geo. 5. c. 36); the Petroleum and Submarine Pipe-lines Act 1975 (c. 74); the Oil and Gas (Enterprise) Act 1982; and the Petroleum Act 1987 (c. 12), parts I and II.
The Act vested all rights to the UK’s petroleum resources in the Crown; a right first established by the Petroleum Production Act 1934 (24 & 25 Geo. 5. c. 36). It also established the right to grant licenses to ‘search and bore for and get’ petroleum, to the Oil and Gas Authority; this was through the retrospective application of the Energy Act 2016. The act also made provision for the abandonment of offshore installations and pipelines. The Act also puts into statute the objective of maximising the economic recovery of the UK’s offshore oil and gas resources (by means of the Infrastructure Act 2015).
The Act repealed in their entirety the Petroleum Production Act 1934 (24 & 25 Geo. 5. c. 36) and the Petroleum and Submarine Pipe-lines Act 1975 (c. 74). It also amended parts I and II of the Petroleum Act 1987 (c. 12), concerning the abandonment of Offshore Installations and the licensing of petroleum production.
Provisions
Part I Petroleum (sections 1 to 9)
Section 4 has further clauses on licence provisions.[1] Section 50 of the Infrastructure Act 2015 appended this section. It defines 'associated hydraulic fracturing' as more than 1,000 cubic metres of fluid per stage, or more than 10,000 cubic metres of fluid in total. In addition, conditions were attached that mean no fracking can take place at a depth shallower than 1,000 meters, and that soil and air monitoring must be put in place. The regulations state that "The associated hydraulic fracturing will not take place within protected groundwater source areas".[2] 'Protected groundwater source area' does not appear to be defined.[3]
Part II Offshore activities
Section 10 applied UK criminal law to acts or omissions which takes place on, under or above an offshore installation which would constitute an offences under UK criminal law.
Section 11 applied UK civil law to acts or omissions which takes place on, under or above an offshore installation which would constitute an offences under UK civil law.
Section 12 requires in England and Wales the consent of the Director of Public Prosecutions to instigate proceedings for an offence.
Section 13 interpretation of Part II
Part III Submarine pipelines
Section 14 prohibits the construction or use of any controlled pipeline without the written authorisation by the Secretary of State.
Section 15 authorisations may contain limitations or specified conditions
Section 16 modifications to increase capacity or installation of a junction may be specified by the Secretary of State
Section 17 a person may apply to have material conveyed by a pipeline
Section 18 authorisations may be terminated
Section 19 a pipeline which ceases to have an authorisation shall be transferred to and vested in the Secretary of State
Section 20 the Secretary of State may appoint inspectors
Section 21 specifies offences and enforcement
Section 22 criminal proceedings
Section 23 civil liability for breach of statutory duty
Section 24 application of Part III
Section 25 making of orders and regulations
Sections 26, 27 meanings of pipeline and owner
Section 28 interpretation of Part III
Part IV Abandonment of offshore installations
Section 29 Preparation of programmes
Section 30 Persons who may be required to submit programmes