Commentary on Sections Petroleum and geothermal energy in deep-level land Section 48: Interpretation
278.Section 48 provides for the relevant definitions and interpretation of the sections about the right of use.
279.Subsection (1) specifies that the 300m depth limit applies from the surface, which is measured vertically above the point where works take place. Buildings, other structures, and water are not taken into account when determining the location of the surface.
Subsection (2) provides definitions of “deep geothermal energy”, “deep-level land”, “landward area”, “relevant energy undertaking”, “right of use”, “specified” and “substance”. For the purpose of these sections “landward area” is defined as parts of landward area in England and Wales or beneath water (other than waters adjacent to Scotland).
280.Subsection (3) provides that the Secretary of State may make regulations under section 4 of the Petroleum Act 1998 to amend the definition of “landward area” for the purposes of these sections.