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Energy Bill

The purpose of these technical amendments is to prevent gas storage and unloading developments from being subject to double regulation, namely under the planning regime, through town and country planning legislation on the one hand, and under the new regime for offshore gas unloading and storage developments that the Bill introduces on the other. Chapter 2 of part 1 of the Bill provides a new regime to license the unloading and storage of gas in the offshore area, comprising the area within 12 nautical miles of the territorial sea and an area beyond that, extending up to a total distance of 200 nautical miles. The measures have been widely welcomed by the industry and received cross-party support in Committee. However, in written submissions and discussions, industry players have sought clarity on the relationship between onshore town and country planning regimes and the licences provided for in this part of the Bill. They are particularly anxious to avoid double regulation in cases in which an onshore development falling within the scope of the town and country planning legislation extends, in part, to the area of the territorial sea, thereby attracting the offshore regulatory regime established in the Bill. In response to those concerns, we have tabled a new clause and amendments that are designed to prevent an overlap between those onshore and offshore regimes. The effect of those amendments will be to exempt an onshore gas development from needing an offshore gas licence, even if part of the structure or gas storage area in question extends into the offshore area. Such onshore developments will continue to require consent under town and country planning legislation, but they will not need a licence from my Department as well.