Part 2: Legislative and executive competence: further provision Chapter 9: Onshore petroleum Section 25 Onshore petroleum: right to use deep-level land in Wales
Section 25 and paragraphs 28 to 32 of Schedule 6 amend the Infrastructure Act 2015 ("IA 2015") consequent upon the devolution to the Assembly of legislative powers relating to access to land for the purpose of searching or boring for or getting petroleum within the "Welsh onshore area" (see the exception to the reservation in section D2 (oil and gas) of new Schedule 7A to GoWA).
	(A) Right to use deep-level land
	Section 43 of IA 2015 provides for a right to use deep-level land (i.e., land at depths of 300 metres and below) for the purposes of exploiting petroleum and deep geothermal energy in "landward areas" in England and Wales. Sections 45 and 46 of IA 2015 give the Secretary of State the power to make regulations containing "payment schemes" and "notice schemes" requiring "relevant energy undertakings" to make payments to landowners and others in respect of the right to use deep-level land and to give notice in respect of the exercise of the right to use deep-level land. The intention is that these regulation-making powers will be exercised only if the voluntary commitments made by the industry to notify local communities and make payments in connection with the right to use deep-level land are not satisfactory.
	Subsection (2) of section 25 and paragraph 28 of Schedule 6 amend section 45 of IA 2015 to confer the power to make "payment schemes" in respect of the exercise of the right to use deep-level land in Wales for the purposes of exploiting petroleum on the Welsh Ministers in place of the Secretary of State. (The Secretary of State retains the power to make "payment schemes" in respect of the exercise of the right to use (a) deep-level land in England for the purposes of exploiting petroleum and (b) deep-level land in England and in Wales for the purposes of exploiting deep geothermal energy.) Regulations made by the Welsh Ministers may require relevant energy undertakings to provide the Welsh Ministers or any other specified person with specified information about the exercise of the right to use deep-level land and the making of payments. The Welsh Ministers must consult such persons as they consider appropriate before making any regulations.
	Subsection (3) of section 25 and paragraph 29 of Schedule 6 amend section 46 of IA 2015 to confer the power to make "notice schemes" in respect of the exercise of the right to use deep-level land in Wales for the purposes of exploiting petroleum on the Welsh Ministers in place of the Secretary of State. (The Secretary of State retains the power to make "notice schemes" in respect of the exercise of the right to use (a) deep-level land in England for the purposes of exploiting petroleum; and (b) deep-level land in England and in Wales for the purposes of exploiting deep geothermal energy.) Regulations made by the Welsh Ministers may require relevant energy undertakings to provide the Welsh Ministers or any other specified person with specified information about the exercise of the right to use deep-level land and notifications made by the undertaking. The Welsh Ministers must consult such persons as they consider appropriate before making any regulations.
	Paragraph 30 of Schedule 6 amends section 47 of IA 2015 to provide for regulations made by the Welsh Ministers under sections 45 or 46 of IA 2015 (i.e., payment schemes and notice schemes) to confer a function on the Welsh Ministers or on any other person, apart from a Minister of the Crown. The amendments also provide that the Secretary of State’s duties (1) to review sections 45 and 46 within 5 years of commencement (see section 47(5) of IA 2015) and (2) to repeal sections 45 and 46 if the "relevant conditions" are met (see section 47(6) and (7) of IA 2015) apply only to the Secretary of State’s regulation-making powers under those sections (and not to those of the Welsh Ministers).
	Paragraph 31 of Schedule 6 amends section 48 of IA 2015 to confer on the Secretary of State a power to make regulations setting out the definition of "landward area" as it applies in relation to the right to use deep-level land in England for the purposes of exploiting petroleum and the right to use deep-level land in England and Wales for the purposes of exploiting deep geothermal energy. The Welsh Ministers are also given a power to make regulations setting out that definition as it applies in relation to the right to use deep-level land in Wales for the purposes of exploiting petroleum within the Welsh onshore area. The current definition of "landward area" in the Petroleum Licensing (Exploitation and Production) (Landward Areas) Regulations 2014 will remain in place until such regulations are made. The amendments also provide various definitions for the purpose of the amendments made by the Act.
	Paragraph 32 of Schedule 6 amends section 55 of IA 2015 to provide that regulations made by the Secretary of State under section 48 of IA 2015, and by the Welsh Ministers under sections 45, 46 and 48 of IA 2015, are subject to the affirmative procedure.
	(B) Advice on likely impact of onshore petroleum on the carbon budget
	Section 49 of IA 2015 requires the Secretary of State from time to time to seek advice from the Committee on Climate Change on the impact which the combustion of, and the fugitive emissions from, petroleum got through onshore activity in England and Wales is likely to have on meeting the UK carbon budget obligations.
	Subsection (4) of section 25 amends section 49 of the IA 2015 to provide that the Secretary of State’s duty relates to petroleum got through onshore activity in England only.