Commentary on Sections Petroleum and geothermal energy in deep-level land Section 46: Notice scheme
270.Section 46 confers a power on the Secretary of State to make regulations requiring energy companies to notify others of the right of use, before or after it is exercised.
271.Subsection (2) allows for the regulations to specify the people to whom notice should be given to require the display and publication of the notice. Subsection (3) provides that the regulations may make provisions on the content of the notice, including information on payment schemes available, their application and method for obtaining a payment. Subsection (4) provides that the regulations may specify how the notice is given which could, for example, be by display and publication at specified places or in specified publications. Subsection (5) specifies that the regulations may require energy companies to provide the Secretary of State or another specified person with information about the company’s exercise of the right of use and notifications made by the company.
272.The Secretary of State must consult with appropriate persons before making any regulations under Section 46 (subsection (6)).
273.Subsection (7) defines “payment scheme regulations”.