23Eligible greenhouse gas storage formation

23 Eligible greenhouse gas storage formation

(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part—

(a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or

(b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.

(2) An amount referred to in subsection (1)(a) or (b) must be at least 100 000 tonnes.

(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways, over the period—

(a) beginning at the start of the particular period referred to in whichever of subsection (1)(a) or (b) is applicable; and

(b) ending at the notional site closing certificate time—

of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of subsection (1)(a) or (b) is applicable.

(4) In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to—

(a) the fundamental suitability determinants; and

(b) such other matters as are relevant.

(5) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of—

(a) one or more assumptions (if any) specified in the regulations; and

(b) a level of probability specified in the regulations; and

(c) a methodology (if any) specified in the regulations.

(6) For the purposes of the application of this section to a part of a geological formation covered by subsection (1)(a), the notional site closing certificate time is worked out as follows—

(a) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

(b) assume that, throughout that period, that part was an identified greenhouse gas storage formation;

(c) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part—

(i) were authorised by a greenhouse gas injection licence; and