Commentary on Sections Petroleum and geothermal energy in deep-level land Section 49: Advice on likely impact of onshore petroleum on the carbon budget
281.Subsection (1) requires the Secretary of State to seek advice from the Committee on Climate Change (CCC) from time to time on the likely impact of the combustion of, and fugitive emissions from, onshore petroleum activities and the UK’s ability to (a) meet the net UK carbon target for 2050 and (b) not exceed the carbon budget.
282.Subsection (2) sets out that the Secretary of State must lay before Parliament (a) a copy of the CCC advice and (b) a draft of regulations or a report as specified under subsections (3) and (5) as soon as practicable after each reporting period (i.e. the period ending 1 April 2016 and each subsequent period of 5 years).
283.Subsection (3) allows the Secretary of State to provide for the right to use deep-level land in section 43 to cease to have effect as specified by regulations. Subsection (4) clarifies that no such regulations can apply retrospectively to anything done in exercise of the right of use conferred by section 38 before the regulations comes into force. As an alternative to subsection (3), subsection (5) provides for the Secretary of State to submit to Parliament a report explaining why a draft of such regulations has not been laid. Subsection (6) sets out that regulations under section 49 may also make consequential amendments or repeals of sections 43 to 48 and section 49 as appropriate.
284.Subsection (7) contains the definitions of “CCA 2008”, “petroleum got through onshore activity, petroleum” and “reporting period”.