Part 1 Introductory matters

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Oil and Gas Authority (Carbon Storage and Offshore Petroleum) (Specified Periods for Disclosure of Protected Material) Regulations 2025.

(2) These Regulations come into force on the 21st day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Application in relation to information excluded from the CS register

2. Nothing in Parts 3 and 4 of these Regulations applies to any protected carbon storage information which is prescribed information (within the meaning of section 29 of the ) at any time when that information is excluded from the 2008 ActCS register by virtue of subsection (2) of that section.

Effect of partial surrender of rights under a carbon storage licence

3.—(1) Paragraph (2) applies where—

(a) Part 3 or 4 of these Regulations permits the disclosure of protected carbon storage material following the surrender of rights under a carbon storage licence( 5 ) (a “surrender event”),

(b)the surrender event relates to only part of the area in respect of which the licence was granted, and

(c)that area is not the only area in respect of which the licence continued to have effect.

(2) Part 3 or, as the case may be, Part 4 of these Regulations is to be applied only to protected carbon storage material relating to the part of the area to which the surrender event relates.

(3) In this regulation “ protected carbon storage material ” means—

(a)protected carbon storage information(6), or

(b)protected carbon storage samples(7).

Interpretation

4.—(1) In these Regulations—

“ the 2008 Act ” means the Energy Act 2008 ( 8 );

“ the 2023 Act ” means the Energy Act 2023 ;

“ the CS Directive ” means of 23 April 2009 on the geological storage of carbon dioxide( Directive 2009/31/EC of the European Parliament and of the Council 9 );

“ the 2010 Licensing Regulations ” means the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 ( 10 );

“ characteristics ” includes temperature and pressure;

“ CO ₂ ” means carbon dioxide;

“ CS register ” means the register maintained under section 29 of the ( 2008 Act 11 );

“ determination event ” means—

“ fluid ” means—

“ information reporting deadline ”, in relation to protected carbon storage information, means—

“ injection ” means injection of CO ₂ or any other fluid into a storage site;

“ injection and production information for a storage site or storage complex ” means protected carbon storage information for a storage site or storage complex which relates to any of the following—

“ protected carbon storage information ” means carbon storage information which is protected material( 13 ) obtained by the OGA( 14 ) under section 112 of the ; 2023 Act

“ protected carbon storage samples ” means carbon storage samples which are protected material obtained by the OGA under section 112 of the ; 2023 Act

“ relevant CS licence ”, in relation to protected carbon storage information or samples, means the carbon storage licence under which the information is, or samples are, created or acquired;

“ relevant installation ” has the meaning given in paragraph (2) ;

“ relevant storage complex ”, in relation to a storage site, means the storage complex of which that site forms part;

“ storage permit ” has the meaning given in regulation 1(3) of the 2010 Licensing Regulations;

“ well ” includes a borehole;

“ well activity ” means—

(2) “ Relevant installation ” in relation to a carbon storage licensee, means an installation established or maintained in a controlled place in accordance with their carbon storage licence.

(3) For the purposes of paragraph (2), “controlled place” and “installation” have the meanings given for the purposes of Chapter 3 of Part 1 of the (see 2008 Act section 35 of that Act ( 15 )).

(4) In these Regulations the following terms have the meanings given by Article 3 of the (and cognate expressions are to be construed accordingly)— CS Directive

“ closure ”;

“ CO ₂ plume ”;

“ corrective measures ”;

“ hydraulic unit ”;

“ migration ”;

“ storage complex ”;

“ storage site ” .

Part 2 Protected carbon storage information which may be published immediately

Summary information

5.—(1) The OGA or a subsequent holder(16) may publish any of the following information after the date on which it is obtained by the OGA—

(a)the summary survey information;

(b)the summary well information;

(c)the summary storage site and storage complex information;

(d)the summary relevant installation information.

(2) The Schedule contains further provision about the information mentioned in paragraph (1)(a) to (d).

Part 3 Protected carbon storage information which may not be published immediately

Detailed survey information

6.—(1) The OGA or a subsequent holder may publish detailed survey information after the earlier of—

(a)the end of the period of—

(i)where a survey is conducted for the purpose of monitoring the CO₂ plume and surrounding area, two years;

(ii)in any other case, five years,

beginning with the date on which the relevant survey acquisition finished,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In this regulation—

“ detailed survey information ” means protected carbon storage information which—

“ relevant survey ”, in relation to detailed survey information, means the survey in or from which that information was acquired or created;

“ survey data ” means data acquired or created in the course of a survey.

Detailed well information

7.—(1) The OGA or a subsequent holder may publish detailed well information after the earlier of—

(a)the end of the period of two years beginning immediately after the information reporting deadline,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “detailed well information” is any protected carbon storage information specified in paragraph (3) which is not information to which regulation 5 applies.

(3) The information mentioned in paragraph (2) is information which is, or relates to—

(a)the position or dimensions of a well, including the directional path of any borehole;

(b)the material, equipment or components used in a well activity;

(c)a summary of a well activity;

(d)the strata, formations or fluids which are or may be encountered while undertaking a well activity.

Consolidated injection and production information

8.—(1) The OGA or a subsequent holder may publish consolidated injection and production information for a storage site or storage complex after the earlier of—

(a)the end of the period of two months beginning with the last day of the month to which that information relates,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “ consolidated injection and production information for a storage site or storage complex ” means injection and production information for a storage site or storage complex consolidated on the basis of the calendar month and the well to which it relates.

Non-consolidated injection and production information

9.—(1) The OGA or a subsequent holder may publish non-consolidated injection and production information for a storage site or storage complex after the earlier of—

(a)the date on which—

(i)in the case of information for a storage site, the storage site is closed, or

(ii)in the case of information for a storage complex, the storage site which is within the storage complex is closed,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “ non-consolidated injection and production information for a storage site or storage complex ” means any injection and production information for a storage site or storage complex which does not fall within regulation 8 .

Storage resources information

10.—(1) The OGA or a subsequent holder may publish storage resources information for a storage site after the earlier of—

(a)the date on which the storage site is closed,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “ storage resources information for a storage site ” means—

(a)protected carbon storage information which is an estimate of the quantity of CO₂ that has been stored or could be stored in a storage site or part of a storage site;

(b)a description of the part of the storage site to which the estimate relates;

(c)information about the storage site which has been acquired or created in the course of making the estimate;

(d)where the estimate results from an activity which is permitted by the relevant CS licence, a description of the activity.

(3) For the purposes of paragraph (2)(a), an estimate may include—

(a)a range of quantities;

(b)probabilities associated with a quantity.

Computerised model information

11.—(1) The OGA or a subsequent holder may publish computerised model information after the earlier of—

(a)the end of the period of two years beginning with the information reporting deadline,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “ computerised model information ” means any protected carbon storage information which is, or relates to the creation of, a CO ₂ storage model.

(3) For the purposes of paragraph (2), “CO ₂ storage model”, in relation to a storage complex, means a computerised model which—

(a)provides a spatial representation of the distribution of the following in the storage complex—

(i)sediment;

(ii)rocks;

(iii)wells (if any), and

(b)simulates the flow of fluids in the storage complex.

Geotechnical information in a storage permit application

12.—(1) The OGA or a subsequent holder may publish geotechnical information in a storage permit application after the earlier of—

(a)the period of five years beginning with the date on which injection at the relevant storage site commences, and

(b)the date on which a determination event occurs in respect of the relevant CS licence.

(2) In paragraph (1)—

“ geotechnical information in a storage permit application ” means information which—

“ relevant storage site ” means, in relation to geotechnical information which has been included in an application for a storage permit under regulation 6 of the 2010 Licensing Regulations, the storage site in respect of which the application was made.

Storage formation information

13.—(1) The OGA or a subsequent holder may publish any storage formation information after the earlier of—

(a)the date on which the storage site under the relevant CS licence is closed,

(b)the date on which a determination event occurs in respect of the relevant CS licence, and

(c)the date on which the information is included in the CS register.

(2) In paragraph (1), “ storage formation information ” means any protected carbon storage information relating to a matter specified in paragraph (3) which is not information to which regulation 5 applies.

(3) The matters mentioned in paragraph (2) are—

(a)the subsurface;

(b)the geology of the strata;

(c)the geological formation of—

(i)a storage site,

(ii)a storage complex, or

(iii)a hydraulic unit;

(d)the chemical composition of a fluid occurring naturally in—

(i)a storage site,

(ii)a storage complex, or

(iii)a hydraulic unit;

(e)how CO₂ behaves, or may behave, in—

(i)a storage site,

(ii)a storage complex, or

(iii)a hydraulic unit;

(f)how CO₂ may migrate;

(g)an assessment of the integrity of any well in a storage site or a storage complex.

Detailed installation information

14.—(1) The OGA or a subsequent holder may publish any detailed installation information after the earlier of—

(a)the date on which the storage site to which the relevant installation relates is closed, and

(b)the date on which a determination event occurs in respect of the relevant CS licence.

(2) In paragraph (1), “ detailed installation information ” means protected carbon storage information relating to a matter specified in paragraph (3) which is not information to which regulation 5 applies.

(3) The matters mentioned in paragraph (2) are—

(a)the position or dimensions of a relevant installation;

(b)the material, equipment or components used in the construction, operation, maintenance or decommissioning of a relevant installation;

(c)the occurrence of construction, maintenance, inspection or decommissioning of a relevant installation;

(d)a summary of the use of a relevant installation for any of the following activities—

(i)the appraisal or exploration of a storage complex and surrounding area;

(ii)the conversion of any place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal);

(iii)the storage of _dfnCO₂ (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal);

(iv)the unloading of _dfnCO₂;

(v)the conveyance of substances by means of a pipe, or system of pipes connecting to a storage site;

(vi)the provision of accommodation for persons who work on or from a relevant installation, including a planned relevant installation;

(vii)the processing or transportation of _dfnCO₂;

(viii)the monitoring of the CO₂ plume and surrounding environment.

Monitoring information

15.—(1) The OGA or a subsequent holder may publish any monitoring information after the earlier of—

(a)the period of two years beginning with the information reporting deadline;

(b)the date on which a determination event occurs in respect of the relevant CS licence.

(2) In paragraph (1), “ monitoring information ” means protected carbon storage information which relates to the monitoring of the CO ₂ plume or surrounding area for the purposes of—

(a)comparing the actual and modelled behaviour of a substance in a storage site;

(b)detecting any significant irregularities;

(c)detecting migration of CO₂;

(d)detecting leakage of _dfnCO₂;

(e)detecting any significant adverse effects on the surrounding environment;

(f)assessing the effectiveness of any corrective measures taken;

(g)assessing the safety and integrity, both short-term and long-term, of the storage complex (including in particular, the assessment of whether the stored CO₂ can or will be completely and permanently contained).

Part 4 Periods after which carbon storage samples may be made available

Carbon storage samples

16.—(1) The OGA or a subsequent holder may make any protected carbon storage samples available to the public after the earlier of—

(a)the end of the period of two years beginning with the samples reporting deadline, and

(b)the date on which a determination event occurs in respect of the relevant CS licence.

(2) In paragraph (1), “ samples reporting deadline ”, in relation to protected carbon storage samples, means—

(a)if the notice given by the OGA in respect of the samples specifies, in accordance with section 112 (2) (b) of the , the time at which those samples are to be provided to the 2023 ActOGA, that time;

(b)if the notice given by the OGA in respect of the samples specifies, in accordance with section 112 (2) (b) of the , the period within which those samples are to be provided to the 2023 ActOGA, the end of that period.

Part 5 Amendment of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018

Amendment of regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018

17.—(1) Regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018(17) is amended as follows.

(2) In paragraph (3)(a), for “the date on which the information is obtained by the OGA” substitute “the reporting deadline”.

(3) After paragraph (4) insert—

“(5) For the purposes of this regulation “the reporting deadline”, in relation to particular information is—

(a)the time specified in the relevant OGA notice, in accordance with section 34(2)(b) of the Energy Act 2016 (“the 2016 Act”), as the time at which that information is to be provided to the OGA, or

(b)the end of the period specified in the relevant OGA notice, in accordance with section 34(2)(b) of the 2016 Act, as the period within which that information is to be provided to the OGA.

(6) For the purposes of paragraph (5), “the relevant OGA notice” means the notice given by the OGA, under section 34 of the 2016 Act, requiring the offshore licensee to provide the particular information to the OGA.”.

Regulation 5

Schedule Further provision about summary information

Summary survey information

1.—(1) The summary survey information is any information specified in sub-paragraph (2) which is protected carbon storage information.

(2) The information mentioned in sub-paragraph (1) is—

(a)the name of a survey;

(b)the person who is expected to carry out, or carried out, a survey;

(c)the date on which survey acquisition started or is expected to start;

(d)the date on which survey acquisition finished or is expected to finish;

(e)whether a survey is a geophysical survey or a geological survey;

(f)the type of a survey;

(g)the method used by a survey to acquire data;

(h)the geographic coordinates of the area surveyed.

Summary well information

2.—(1) The summary well information is any information specified in sub-paragraph (2) which is protected carbon storage information.

(2) The information mentioned in sub-paragraph (1) is—

(a)the date on which drilling of a well started;

(b)whether a well is connected to any other well;

(c)whether, in relation to a well, any other well has been drilled—

(i)under the same carbon storage licence;

(ii)in the area covered by the licence mentioned in sub-paragraph (i);

(d)where a well is associated with a storage site, the name of the storage site;

(e)the total depth of a well;

(f)the datum from which the depth of the well was measured;

(g)the height above sea level of the datum from which the depth of the well was measured;

(h)the date on which the total depth of a well was reached;

(i)the status of a well;

(j)the following information about the strata which are or may be encountered whilst undertaking a well activity—

(i)name,

(ii)age,

(iii)thickness, and

(iv)type of rock;

(k)whether any fluids have been encountered when undertaking a well activity and, if so, which fluids;

(l)the results of—

(i)a flow test;

(ii)an injection test.

Summary storage site and storage complex information

3.—(1) The summary storage site and storage complex information is any information specified in sub-paragraph (2) which is protected carbon storage information.

(2) The information mentioned in sub-paragraph (1) is—

(a)the state of the CO₂ when it is injected at a storage site;

(b)the age of the targeted storage formation in a storage site and storage complex;

(c)type of rock of the targeted storage formation in a storage site and storage complex;

(d)the age of the primary top seal in a storage site and storage complex;

(e)type of rock of the primary top seal in a storage site and storage complex;

(f)store type in a storage site;

(g)the bounding polygon of a storage site or storage complex;

(h)whether the carbon storage licence for a storage site and storage complex is in—

(i)the initial or appraisal term,

(ii)the operational term, or

(iii)the post-closure period;

(i)the date or dates on which CO₂ is injected at a storage site;

(j)the date on which a storage site is closed.

(3) In this paragraph—

“ appraisal term ” has the meaning given for the purposes of regulation 3(2)(a) of the 2010 Licensing Regulations;

“ initial term ” has the meaning given for the purposes of regulation 4 of the 2010 Licensing Regulations;

“ operational term ”, in relation to a storage site and storage complex, means the period—

“ post-closure period ”, in relation to a storage site, means the period—

Summary relevant installation information

4.—(1) The summary relevant installation information is any information specified in sub-paragraph (2) which is protected carbon storage information.

(2) The information mentioned in sub-paragraph (1) is—

(a)the name of a relevant installation;

(b)the identification number of a relevant installation;

(c)the type of a relevant installation;

(d)the name of the operator of a relevant installation;

(e)the name of the owner of a relevant installation;

(f)a description of a relevant installation;

(g)information on a relevant installation’s connections to pipelines and cables;

(h)the carbon storage licence under which a relevant installation is operated;

(i)the storage site or sites to which a relevant installation is connected;

(j)the location of a relevant installation;

(k)the operational status of a relevant installation.

(3) The information specified in sub-paragraph (2) includes information about a planned relevant installation.