Part 5: General Schedule 6: Minor and consequential amendments Part 2: Amendments relating to onshore petroleum
Part 2 makes a number of consequential amendments relating to onshore petroleum licensing.
	Paragraph 15 amends section 4 (licences: further provisions) of the Petroleum Act 1998.
	Sub-paragraph (2) amends subsections (1A), (1B) and (1C) (which are also inserted into the Petroleum Act by the Scotland Act 2016). The amendments to these subsections have the effect of reserving, for the Secretary of State, regulatory powers to make model clauses in relation to the consideration payable for a licence granted by Welsh Ministers as well as: (a) the measurement and facilitation of measurement of petroleum obtained from the licensed areas and (b) the keeping of accounts. The powers of the Welsh Ministers do not, therefore, extend to the drafting of model clauses on the above matters or to the modification or exclusion of such clauses.
	Sub-paragraph (3) inserts a new subsection (3B) into section 4 of the Petroleum Act 1998 to establish that any regulations under section 4 made by the Welsh Ministers shall be made as statutory instruments subject to the annulment in pursuance of a resolution of the Assembly.
	Sub-paragraph (4) inserts a new subsection (4B) into section 4 of the Petroleum Act 1998 which requires Welsh Ministers to publish notices of licenses granted by them for the Welsh onshore area in such a manner as they think appropriate.
	Paragraph 16 amends section 4A of the Petroleum Act 1998, to transfer functions from the Secretary of State in relation to hydraulic fracturing consents to the Welsh Ministers as regards wells in the Welsh onshore area. These functions include the conditions regulating the issuance of such consent by the Secretary of State or the Welsh Ministers.
	Paragraph 17 amends section 4B of the Petroleum Act 1998, which contains further provision about the issue of hydraulic fracturing consents. Sub- paragraph (2) and (3) amend subsections (4)(a), (4)(b) and (7) of section 4B to limit to the English onshore area (which is defined in a new subsection (7) inserted in section 8A by section 22 (4) as England including waters inside of the "baseline" by which the extent of territorial sea is established) the Secretary of State’s power to make regulations by means of statutory instrument with regard to the descriptions of areas which are "protected groundwater source areas" and with regard to those which are "other protected areas". The subsections, as amended, require the Secretary of State to consult the Environment Agency.
	Sub-paragraph (4) inserts new subsections (7A), (7B) and (7C) into section 4B into the Petroleum Act 1998 to provide Welsh Ministers with the power to make regulations by means of statutory instrument on the descriptions of areas which are "protected groundwater source areas" and "other protected areas" insofar as these apply to the Welsh onshore area. Any draft instrument must be laid before and approved by a resolution of the Assembly before such a statutory instrument can be made. The Welsh Ministers are required to consult the Natural Resources Body for Wales before making such regulations.
	Sub-paragraph (5) amends subsection (8) to specify that the Environment Agency is the relevant environmental regulator for wells in the English onshore area and that the Natural Resources Body for Wales is the relevant environmental regulator for wells in the Welsh onshore area. The subsection also aligns the definition of a well consent to reflect the devolution of such consents to "the appropriate Minister".
	Sub-paragraph (6) restricts the power of the Secretary of State in subsection (9) of section 4B to amend the definition of "onshore licence for England and Wales" in consequence of regulations made under section 4. So, if the amendment is made, the Secretary of State will only be able to amend the definition as it applies in the English onshore area, and the Secretary of State will only be able to exercise the power in consequence of his own exercise of the power in section 4 of the Petroleum Act (and not in consequence of the exercise of the same power by the Welsh Ministers).
	Sub-paragraph (7) inserts subsection (9A) into section 4B to provide an equivalent power to that in subsection (9) (as amended by paragraph (e)) to the Welsh Ministers.
	Sub-paragraph (8) amends subsection 4B(10) to limit to the English onshore area the power of the Secretary of State to make amendments in relation to the requirements to be fulfilled before issuing a hydraulic fracturing consent set out in Column 2 of the table in section 4A.
	Sub-paragraph (9) inserts subsection (12) and (13) into section 4B. Subsection (12) provides Welsh Ministers with the power to amend by regulations the requirements set out in Column 2 of the table in section 4A so far as related to the Welsh onshore area. A draft instrument must be laid before and approved by a resolution of the National Assembly for Wales before such a statutory instrument can be made (see new subsection (13)).
	Paragraph 18 amends section 14B(7)(2)(d) of the Petroleum Act 1998, which determines the effects of the Mines (Working Facilities and Support) Act 1966 when applied to licensing under the Petroleum Act 1998, by specifying that, within section 4 of that Act, "the Minister" shall refer to Welsh Ministers for licences granted in the Welsh onshore area.
	Paragraph 19 amends section 12 (interpretation of Part 1) of the Oil Taxation Act 1975. To put Welsh Ministers in the same position as the Oil and Gas Authority, including that the revocation of a licence be Welsh Ministers to the list of cessation events by which a person ceases to be a licensee in relation to oil fields.
	Paragraph 20 amends paragraph 1(2) of Schedule 1 to the Oil Taxation Act 1975 by inserting new paragraphs (ac) and (ad) after paragraphs (aa) and (ab) (which are inserted by the Scotland Act 2016). These new paragraphs limit the powers of the Secretary of State for determining oil fields to those areas that are such that the granting of a licence within them, under Part 1 of the Petroleum Act 1998, would fall exclusively to the Secretary of State. Where areas are such that the granting of a licence within them would fall exclusively to the Welsh Ministers, they become the appropriate authority for determining oil fields. Where areas are such that the granting of licences partially fall to the Secretary of State and partially fall to the Welsh Ministers, these shall act jointly for the purposes of determining oil fields.
	Paragraphs 21 to 23 amend provisions in the Taxation of Chargeable Gains Act 1992, the Finance Act 1993 and Capital Allowances Act 2001 to reflect that in future the Welsh Ministers will be the licensing authority for the Welsh Onshore Area.
	Paragraph 24 inserts a new subsection (13) into section 188 of the Energy Act 2004 to attribute, to Welsh Ministers, powers to make provisions that require the payment of charges to them in respect of their carrying out their relevant energy functions under Part 1 of the Petroleum Act 1998. The sums received under such charges must be paid by the Welsh Ministers into the Welsh Consolidated Fund. The provisions to require payment of such charges are to be set out by means of statutory instruments, subject to annulment in pursuance of a resolution of the Assembly.
	Paragraphs 25 to 27 amend provisions in the Corporation Tax Act 2010 to reflect that in future the Welsh Ministers will be the licensing authority for the Welsh Onshore Area.
	Paragraphs 28 to 32 make minor and consequential amendments to the Infrastructure Act 2015 to take account of the devolution to the Assembly of powers in relation to the use of deep-level land for the purposes of exploiting petroleum and deep geothermal energy.