Ian Havercroft - Overview of CCS legal regulations - Presentation at the Global CCS Institute Members’ Meeting: 2011

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  • What is the toolkit? Scottish Centre for CCS at Edinburgh University – with input from the Scottish Executive and the Institute designed the toolkit Institute developed the toolkit following the Scottish initiative in 2010 to ‘scrutinise’ its permitting regime for a ‘dummy’ project The project examined the logical permitting process established under regulatory regimes More on the Scottish experiences later Final point - pertinent to the audience for this particular presentation – is that the toolkit has always been envisaged as applicable to both national and regional governments
  • Ian Havercroft - Overview of CCS legal regulations - Presentation at the Global CCS Institute Members’ Meeting: 2011

    1. 1. GLOBAL CCS INSTITUTEOVERVIEW OF CCS LAW AND REGULATIONGlobal CCS Institute Members’ Meeting 2011Ian Havercroft, Senior Advisor - Law and RegulationWWW.GLOBALCCSINSTITUTE.COM
    2. 2. GLOBAL CCS INSTITUTEOVERVIEW Status of CCS legal and regulatory development. Project-level perspectives. Moving ‘beyond the framework’. Development of models – the role of the Institute. 1
    3. 3. GLOBAL CCS INSTITUTESTATUS OF CCS LEGAL ANDREGULATORY DEVELOPMENT 2
    4. 4. GLOBAL CCS INSTITUTECCS LEGAL & REGULATORY DEVELOPMENT Observed trend in the approach adopted for the regulation of CCS activities to date. Regulators have focused upon: – removal of legal obstacles to the technology; – the provision of incentives to stimulate development; and – designing regulatory frameworks to manage risks. 3
    5. 5. GLOBAL CCS INSTITUTEREMOVAL OF OBSTACLES International and regional marine agreements - Swift amendments to both the London Protocol and OSPAR Convention - Criteria introduced for the disposal of CO2 in the seabed - Development of associated guidance - Article 6 and the ‘export of wastes’ - Current status of ratification Basel Convention - Future amendments to specifically include or exclude CO2? 4
    6. 6. GLOBAL CCS INSTITUTEPROVISION OF INCENTIVES International climate change agreements - Status of CCS within the architecture of the international climate change agreements - Development of the 2006 IPCC Guidelines for national GHG inventories – Chapter 5 (Vol.2) - Decisions in Cancun (COP 16) 2010 and later meetings EU Emissions Trading Scheme (EU ETS) - Revisions to the EU ETS in 2009 - CO2 is ‘not emitted’ when successfully captured and stored 5
    7. 7. GLOBAL CCS INSTITUTEDEDICATED REGULATORY FRAMEWORKS Significant number of jurisdictions have enacted CCS- specific legislation. Development of regional, national and sub-national legal and regulatory regimes. Broad and over-arching themes may be identified in the methods employed. Address the CCS process in its entirety, or discrete aspects. Early frameworks provide excellent models for the development of later regimes. 6
    8. 8. GLOBAL CCS INSTITUTEPROJECT-LEVEL PERSPECTIVES 7
    9. 9. GLOBAL CCS INSTITUTEPROJECT-LEVEL PERSPECTIVES 8
    10. 10. GLOBAL CCS INSTITUTEPROJECT LEVEL CONCLUSIONS Lack of a clear signals around the regulation of CO2 is of considerable concern to projects. Delayed or incomplete legislation and liability arrangements are also significant concerns. Number of more precise regulatory issues persist. However Some positive reactions from projects where CCS- specific legislation has been enacted. The utilisation of pre-existing or project-specific regulation has been well received in some jurisdictions. 9
    11. 11. GLOBAL CCS INSTITUTEBEYOND THE FRAMEWORK 10
    12. 12. GLOBAL CCS INSTITUTEBEYOND THE FRAMEWORK Timely development of secondary legislation and regulations. Framework nature of early laws requires secondary legislation to clarify many of the key concepts and mechanisms. Ongoing re-evaluation of legislative aims – ‘responsive’ regulation. 11
    13. 13. GLOBAL CCS INSTITUTEBEYOND THE FRAMEWORK Consideration of broader policy commitments. Identification and remediation of unresolved legal and regulatory issues. Development of guidance and best practice. Need for collaborative effort. 12
    14. 14. GLOBAL CCS INSTITUTEDEVELOPMENT OF MODELS 13
    15. 15. GLOBAL CCS INSTITUTEREGULATORY TEST TOOLKIT Produced by team from the SCCS (University of Edinburgh) and supported by the Institute. Builds upon an earlier ‘dry run’ undertaken by the Scottish Government in 2010. Published in March 2011. Takes a CCS project application through the approval process in a regulatory test exercise. Suitable for national and regional governments. 14
    16. 16. GLOBAL CCS INSTITUTE www.globalccsinstitute.com 15

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