Clause 25

Energy Bill – in a Public Bill Committee at 4:00 pm on 26 February 2008.

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Injunctions restraining breaches of section 16(1)

Question proposed, That the clause stand part of the Bill.

Photo of Malcolm Wicks Malcolm Wicks Minister of State (Energy), Department for Business, Enterprise & Regulatory Reform

There might be circumstances in which it is necessary to seek to restrain a person from exploring for carbon dioxide storage sites or from storing carbon dioxide. They might arise, for example, if someone began exploratory drilling activity without a licence. They should be required to stop their activity until they have obtained a carbon dioxide licence. The clause will allow the Secretary of State or the relevant regulatory authority to seek an injunction in such circumstances. In the absence of such a provision, an injunction could be sought only by a person whose private interests were affected or by the Attorney-General. There is precedent the provision in section 187B of the Town and Country Planning Act 1990, which gives a similar power to a local planning authority. We propose corresponding provisions for offshore gas storage.

Question put and agreed to.

Clause 25 ordered to stand part of the Bill.