The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024
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Change 1
9 Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations
After regulation 14 (fees payable in respect of offshore installations)insert— Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations 14A. (1) Subject to paragraph (2), a fee is payable to the Executive by the person referred to in column 2 of Schedule 14 for the performance by the Executive of such functions conferred on it under the 1995 Regulations as are specified in column 1 of that Schedule. (2) No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 2015. (3) Subject to paragraph (7), a fee is payable to the Executive by a borehole site operator of a borehole site that is located onshore, or a well operator of a well that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4). (4) The functions referred to in paragraph (3) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more of the following— (a) the borehole site operator of a borehole site; or (b) the well operator of a well; or (c) a contractor in relation to any work carried out by that contractor on or in connection with that borehole site or well. (5) Subject to paragraph (7), a fee is payable to the Executive by a geothermal operator of a geothermal well or borehole operation that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (6). (6) The functions referred to in paragraph (5) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more than one of the following— (a) the geothermal operator of a geothermal well or borehole operation; or (b) a contractor in relation to any work carried out by that contractor on or in connection with that geothermal well or borehole operation. (7) No fee is payable under paragraphs (3) and (5) for the performance by the Executive of any of the functions referred to in Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to paragraph (1). (8) For the purposes of this regulation and Schedule 14— “the 1995 Regulations” means the Borehole Sites and Operations Regulations 1995; “borehole site” and “borehole site operator” have the meanings given in regulation 2 of the 1995 Regulations; “geothermal well or borehole” means any well or borehole that is drilled or converted for the purposes of the discovery or commercial production of geothermal resources and is either— a well or borehole that is deeper than 500 metres; a well or borehole that is deeper than 30 metres and within a mining area as defined in regulation 2(1) of the 1995 Regulations; a well that is reasonably presumed to contain geothermal resources; or a well, decommissioned or otherwise, that has been used in connection with the exploitation or production of petroleum and is, or will be, converted or reactivated for use in connection with the production of geothermal resources or employed for reinjecting geothermal resources. “geothermal well or borehole operation” means an activity or operation in the course or furtherance of, or in connection with the cessation of— the drilling of a geothermal well or borehole, including the recommencement of drilling after a geothermal well or borehole has been completed, suspended or abandoned by plugging at the surface; or any other operation on a geothermal well or borehole which would make a significant alteration to it, or involve a risk of the accidental release of fluids from that geothermal well or borehole; “geothermal operator” means, in relation to a geothermal well or borehole, the person appointed in writing by the owner to exercise for the time being the function of organising or supervising geothermal well or borehole operations at the site, where that function involves the exercise of overall control of the geothermal well or borehole operation, or where for the time being there is no such person, the owner; “onshore” means— for the purposes of a borehole site or well, on land in Great Britain, or for the purposes of a geothermal well and borehole, on land in Great Britain or within territorial waters; “owner” means, in relation to a geothermal well or borehole operation, the person who has the right to undertake the geothermal well or borehole operation which is being or is to be undertaken at the site; “petroleum”, “well” and “well operator” have the meanings given in regulation 2 of the Offshore Installations and Wells (Design and Construction etc) Regulations 1996 “territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them. .
9 Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations
After regulation 14 (fees payable in respect of offshore installations)insert— Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations 14A. (1) Subject to paragraph (2), a fee is payable to the Executive by the person referred to in column 2 of Schedule 14 for the performance by the Executive of such functions conferred on it under the 1995 Regulations as are specified in column 1 of that Schedule. (2) No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 2015. (3) Subject to paragraph (7), a fee is payable to the Executive by a borehole site operator of a borehole site that is located onshore, or a well operator of a well that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4). (4) The functions referred to in paragraph (3) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more of the following— (a) the borehole site operator of a borehole site; or (b) the well operator of a well; or (c) a contractor in relation to any work carried out by that contractor on or in connection with that borehole site or well. (5) Subject to paragraph (7), a fee is payable to the Executive by a geothermal operator of a geothermal well or borehole operation that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (6). (6) The functions referred to in paragraph (5) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more than one of the following— (a) the geothermal operator of a geothermal well or borehole operation; or (b) a contractor in relation to any work carried out by that contractor on or in connection with that geothermal well or borehole operation. (7) No fee is payable under paragraphs (3) and (5) for the performance by the Executive of any of the functions referred to in Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to paragraph (1). (8) For the purposes of this regulation and Schedule 14— “the 1995 Regulations” means the Borehole Sites and Operations Regulations 1995; “borehole site” and “borehole site operator” have the meanings given in regulation 2 of the 1995 Regulations; “geothermal well or borehole” means any well or borehole that is drilled or converted for the purposes of the discovery or commercial production of geothermal resources and is either— a well or borehole that is deeper than 500 metres; a well or borehole that is deeper than 30 metres and within a mining area as defined in regulation 2(1) of the 1995 Regulations; a well that is reasonably presumed to contain geothermal resources; or a well, decommissioned or otherwise, that has been used in connection with the exploitation or production of petroleum and is, or will be, converted or reactivated for use in connection with the production of geothermal resources or employed for reinjecting geothermal resources. “geothermal well or borehole operation” means an activity or operation in the course or furtherance of, or in connection with the cessation of— the drilling of a geothermal well or borehole, including the recommencement of drilling after a geothermal well or borehole has been completed, suspended or abandoned by plugging at the surface; or any other operation on a geothermal well or borehole which would make a significant alteration to it, or involve a risk of the accidental release of fluids from that geothermal well or borehole; “geothermal operator” means, in relation to a geothermal well or borehole, the person appointed in writing by the owner to exercise for the time being the function of organising or supervising geothermal well or borehole operations at the site, where that function involves the exercise of overall control of the geothermal well or borehole operation, or where for the time being there is no such person, the owner; “onshore” means— for the purposes of a borehole site or well, on land in Great Britain, or for the purposes of a geothermal well and borehole, on land in Great Britain or within territorial waters; “owner” means, in relation to a geothermal well or borehole operation, the person who has the right to undertake the geothermal well or borehole operation which is being or is to be undertaken at the site; “petroleum”, “well” and “well operator” have the meanings given in regulation 2 of the Offshore Installations and Wells (Design and Construction etc) Regulations 1996 “territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them. .
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