Draft Onshore Hydraulic Fracturing (Protected Areas) Regulations 2015

Mark Williams Excerpts

Tuesday 27th October 2015 General Committees

[Andrea Leadsom]

I am grateful to the hon. Gentleman because he gives me the chance to repeat what I said, which is that the Infrastructure Act required the Government to lay regulations to deal with the hydraulic fracturing process, which happens far below the ground. We will, as soon as possible, make a statement regarding the areas on ground level—the surface drill level—in which activity will be banned. We are looking very carefully at how to define and protect our most valuable areas. We will be making announcements shortly, but that is not for today. These regulations are the consequence of a requirement in the Infrastructure Act to deal with the subsurface implications, so I will move on.

The draft regulations set out definitions for the protected groundwater source areas and other protected areas in which hydraulic fracturing will be prohibited, and will afford greater protection to some of our most precious areas in a manner that still meets the Government’s broader policy objective of supporting the long-term development of the UK’s shale gas industry.

Regulation 2 defines protected groundwater source areas. The definition is equivalent to the existing definition of source protection zones 1, which applies to those areas close to drinking water sources where there is the greatest risk associated with groundwater contamination. The draft regulations ensure that the process of hydraulic fracturing cannot take place in such areas at depths above 1,200 metres. The vast majority of drinking water supplies are located at depths above 400 metres. The limit therefore provides at least 800 metres between the depth of most drinking water sources and the highest possible level at which hydraulic fracturing can take place.

As required by the Infrastructure Act, we consulted the Environment Agency and Natural Resources Wales on the definition of protected groundwater source areas. They confirmed that they are content with the definition being aligned with source protection zones 1, as that reinforces their approach to controlling risks from other groundwater activities. Indeed, it is already the case that neither agency permits onshore drilling for oil or gas, which does currently happen in the UK—to be clear, hydraulic fracturing does not—in source protection zones 1. They have successfully influenced operators not to apply for sites in those zones and have ensured that pipelines do not run through such areas. Furthermore, if either agency assesses that more stringent controls are needed to protect groundwater, those will be applied as conditions in the environmental permits required for all developers. The proposed definition would not affect the environmental regulator’s current powers to refuse permit applications within source protection zones 1, 2, 3 or wider on a case-by-case basis, if it considers that an activity poses an unacceptable risk to the environment.

Regulation 3 defines “other protected areas” as national parks, the broads, areas of outstanding natural beauty and world heritage sites. The draft regulations ensure that the process of hydraulic fracturing cannot take place above 1,200 metres below ground in such areas. In defining protected areas there is a need to strike the right balance, affording them additional protection without stifling the nascent shale industry. The Government firmly believe that the depth limit chosen—1,200 metres—strikes that balance.

In addition, national parks, the broads and areas of outstanding natural beauty are our finest landscapes and are afforded the highest status of landscape and scenic beauty protection within the planning system. Similarly, world heritage site status is the highest international heritage designation. Our world heritage sites are simply irreplaceable, and the Government take their responsibility to conserve and protect them very seriously.

[Mr Mark Williams (Ceredigion) (LD)]

Will the Minister explain the omission from that list of SSSIs, which the hon. Member for Ogmore mentioned, not least in the light of comments made by her ministerial colleague during debate on the then Infrastructure Bill that SSSIs would be protected and part of the list?

[Andrea Leadsom]

The regulation deals with activity underground—1,200 metres below ground. The Infrastructure Act 2015 already deals with the level below ground at which hydraulic fracturing may take place normally. The important balance to strike is between those areas that are protected absolutely and those where the depth of drilling underground can be set safely by the Environment Agency. The key point regarding SSSIs in the planning process is that the Environment Agency may determine the depth, so additional protections were not deemed necessary, because they would transcend the balance between enabling the industry to succeed and protecting our most valuable areas.

[Mr Williams]

rose—

[Andrea Leadsom]

I cannot give way again, because many Members wish to speak.

Turning briefly to surface level protections, our existing regulatory and planning regimes already offer strong protections to sensitive areas. In addition, the Government have separately committed to ensure that hydraulic fracturing cannot be conducted from wells that are drilled at the surface of national parks and other protected areas. Members can be reassured that that remains the Government’s position. We are considering how best to implement that surface restriction, but the draft regulations before us today are not a suitable vehicle, because they flows from the Infrastructure Act’s requirement to specify the protected areas within which subsurface hydraulic fracturing cannot take place. Consideration of surface activity therefore is not within the scope of the regulations.