Greenhouse Gas Storage Act 2009
sec.268Right of entry to facilitate decommissioning for GHG permit
Start here
Get a plain-English read of sec.268
Turn the raw legal text into a practical explanation grounded in Greenhouse Gas Storage Act 2009.
sec.268 Right of entry to facilitate decommissioning for GHG permit
This section applies if— the GHG tenure is a GHG permit; and the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and the GHG permit holder or former holder has not carried out decommissioning as required under section 267 . The holder or former holder may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be or was required to be carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land. The Common Provisions Act , chapter 3 , parts 2 and 3 and part 7 (other than division 3 ) applies to the holder or former holder in the following way— if the GHG permit has ended, as if— it were still in force; and the former holder were still its holder; as if the primary land and access land is in the GHG permit’s area; as if the decommissioning is an authorised activity for the GHG tenure. s 268 amd 2010 No. 31 s 437 sch 2 pt 2 ; 2018 No. 24 s 21 (sec.268-ssec.1) This section applies if— the GHG tenure is a GHG permit; and the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and the GHG permit holder or former holder has not carried out decommissioning as required under section 267 . (sec.268-ssec.2) The holder or former holder may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be or was required to be carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land. (sec.268-ssec.3) The Common Provisions Act , chapter 3 , parts 2 and 3 and part 7 (other than division 3 ) applies to the holder or former holder in the following way— if the GHG permit has ended, as if— it were still in force; and the former holder were still its holder; as if the primary land and access land is in the GHG permit’s area; as if the decommissioning is an authorised activity for the GHG tenure.
- (a) the GHG tenure is a GHG permit; and
- (b) the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and
- (c) the GHG permit holder or former holder has not carried out decommissioning as required under section 267 .
- (a) land (the primary land ) on which the decommissioning must be or was required to be carried out;
- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.
- (a) if the GHG permit has ended, as if— (i) it were still in force; and (ii) the former holder were still its holder;
- (i) it were still in force; and
- (ii) the former holder were still its holder;