Regulation 2 InterpretationI1

The Interpretation Act (Northern Ireland) 1954^f1 applies to these Regulations as it applies to an Act of the Assembly.

In these Regulations—

In these Regulations—

• “appraisal term” has the meaning given to it in regulation 4(a);

• “the authority” means the Department of Enterprise, Trade and Investment as licensing authority under section 18(2);

• “CO₂” means carbon dioxide;

• “corrective measures plan” has the meaning given to it in regulation 8(6);

• “the Directive” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006^f3;

• “entering”, in relation to premises, includes, where applicable, boarding, and cognate expressions are to be construed accordingly;

• “the Environmental Liability Directive” means Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage^f4;

• “the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC^f5;

• “financial security” includes—

  1. (a)

     a charge over a bank account or any other asset;

  2. (b)

     a deposit of money;

  3. (c)

     a performance bond or guarantee;

  4. (d)

     an insurance policy;

  5. (e)

     a letter of credit;

• “injection” means injection of CO₂ into a storage site;

• “inspection” means an inspection of a storage complex for the purpose of discharging a function described in sub-paragraph (a) or (b) of regulation 16(1);

• “inspection report” has the meaning given to it in regulation 17(1);

• “inspector” means a person appointed by the authority under section 27(1);

• “legislation” means legislation in force in the United Kingdom (whether passed, or made, before, after or at the same time as the commencement of these Regulations);

• “licence” means a licence (other than a Northern Ireland exploration licence) granted by the authority under section 18(1) in respect of activities within section 17(2)(a) to (d), and “licence holder” is to be construed accordingly;

• “licensed area” means the area within which activities are authorised under a licence;

• “monitoring plan” has the meaning given to it in regulation 8(5);

• “Northern Ireland exploration licence” means a licence granted by the authority under section 18(1) which authorises only activities within section 17(2)(c) and the establishment or maintenance of an installation in a controlled place for the purpose of such activities and which—

  1. (a)

     does not grant to the holder the sole right to carry out exploration of a controlled place, and

  2. (b)

     is issued in combination with –

     1. (i)

        a licence under section 2 of the Petroleum (Production) Act (Northern Ireland) 1964^f6 to search for petroleum;

     2. (ii)

        a prospecting licence under section 11(1)(b) of the Mineral Development Act (Northern Ireland) 1969^f7 to search for mines and minerals;

     3. (iii)

        a licence under section 3 of the Petroleum Act 1998^f8 to search for petroleum; or

     4. (iv)

        a licence under section 4 to explore any controlled place with a view to carrying on activities within section 2(3)(a) to (d) and establish or maintain an installation in a controlled place for the purposes of such exploration;

• “operator” means the person who carries on or (where different) controls activities (within the meaning of section 17(2)) at a storage site;

• “post-closure plan” has the meaning given to it in regulation 13(3) or (4);

• “premises” includes—

  1. (a)

     any carbon storage installation (within the meaning of section 30(5)); and

  2. (b)

     any land, vehicle, vessel, aircraft, hovercraft or moveable structure, excluding any such thing or part thereof that is used as a dwelling;

• “provisional post-closure plan” has the meaning given to it in regulation 13(2);

• “routine inspection” has the meaning given to it in regulation 15(1);

• “storage permit” means a consent granted under a licence, authorising the use of a place as a storage site;

• “target date” has the meaning given to it in regulation 11(3)(a).

The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly)—

• “closure” (in relation to a storage site);

• “corrective measures”;

• “CO₂ plume”;

• “CO₂ stream”;

• “exploration”;

• “hydraulic unit”;

• “leakage”;

• “migration”;

• “significant irregularity”;

• “significant risk”;

• “storage complex”;

• “storage site”;

• “substantial change”;

• “waste”;

• “water column”.