Citation and commencement

1. These Regulations may be cited as the Gas and Petroleum (Consents) Charges Regulations 2013 and come into force on 17th June 2013.

Interpretation

2. In these Regulations—

“carbon dioxide appraisal and storage licence” means a licence granted by the Secretary of State under section 18 of the Energy Act 2008 ( 2 ) in respect of an activity within section 17(2) of that Act ;

“carbon dioxide storage proposal” means a proposal for the storage of carbon dioxide and any associated works submitted pursuant to a carbon dioxide appraisal and storage licence;

“development and production programme” means a programme submitted pursuant to a petroleum licence setting out the measures proposed to be taken in connection with the development and production of a petroleum field;

“development plan” means a plan submitted pursuant to a gas storage licence setting out the measures proposed to be taken in connection with the development of a gas storage field;

“gas storage licence” means a licence granted by the Secretary of State under section 4 of the Energy Act 2008 in respect of any activity within section 2(3) of that Act ;

“licensee” means the holder of a relevant licence;

“petroleum licence” means a licence granted by the Secretary of State to search and bore for and get petroleum pursuant to section 3 of the Petroleum Act 1998 ( 3 );

“pipeline deposit proposal” means a proposal—

where that proposal is submitted pursuant to a pipeline works authorisation;

“pipeline works authorisation” means an authorisation given by the Secretary of State in accordance with section 14(1) of the Petroleum Act 1998 ;

“relevant licence” means, as appropriate, a carbon dioxide appraisal and storage licence, a gas storage licence or a petroleum licence;

“well” includes borehole;

“well suspension” means the suspension of the use of a well such that it may be re-used for the purpose of drilling or other works.

Charges payable for consents and pipeline works authorisations

3. —(1) A licensee must pay a charge where the licensee applies to the Secretary of State for consent to—

(a) a carbon dioxide storage proposal;

(b) a development and production programme;

(c) a development plan; or

(d) a pipeline deposit proposal.

(2) A person who applies to the Secretary of State for a pipeline works authorisation must pay a charge.

(3) The amount of the charge under paragraphs (1) and (2) is determined by the formula—

• .

(4) In paragraph (3), reference to—

• A is to the number of days; and

• B is to the number of officers,

which the Secretary of State estimates will be required to consider whether or not to grant the consent or authorisation.

(5) A charge payable under paragraph (1) or (2) must be paid within 30 days of the Secretary of State sending a charges determination under regulation 4(3)(a) unless the Secretary of State notifies the licensee or person, as appropriate, in writing that they may pay the charge at a later date.

(6) In paragraph (4), “officer” means a person engaged on behalf of the Secretary of State to carry out any function in respect of which the relevant charge is payable.

Requests to determine charges

4. —(1) A licensee, or person, who intends to apply for a consent or authorisation described in regulation 3(1) or (2) must, before submitting the application, make a written request to the Secretary of State to determine the charge payable (“a charges request”).

(2) A charges request must include sufficient information to enable the Secretary of State to determine the charge payable, including—

(a) a draft of the relevant proposal, programme, plan or authorisation; and

(b) any associated documentation which the licensee or person, as appropriate, proposes to submit with the application.

(3) The Secretary of State must as soon as practicable after receiving a charges request—

(a) determine the charge payable; and

(b) notify the licensee, or person, who has made the charges request in writing of the determination.

Charges payable for other consents

5. —(1) The table in paragraph (3) sets out charges payable in respect of applications to the Secretary of State for consent to various activities and matters.

(2) A licensee who makes an application for consent to an activity or matter in the table must pay the relevant charge when the application is made, unless the Secretary of State notifies the licensee in writing that the charge may be paid at a later date.

(3) The table referred to in paragraph (1)—

Charges: general

6. —(1) A charge payable under these Regulations must be paid—

(a) to the Secretary of State; and

(b) in such manner as the Secretary of State from time to time determines.

(2) A charge is not paid under these Regulations until the Secretary of State receives that charge in cleared funds.