De-risking and enabling uk shale gas and deep heat geothermal projects; &, rights-packs for uk developers interested in rhi deep geothermal or shale projects
This article explores the legislative proposals of the UK Government to help promote expansion of a UK shale gas and deep heat geothermal project pipeline in the United Kingdom, and includes discussion on the “rights”-pack that an energy developer operating in the UK might compile and then sell to exits.
Learn more about what goes on Facebook and what does not. Basic Social Etiquette is very important to help you manage your Facebook Business account. Find out more about Facebook Friday webinars with Melien Lavoie at www.PluginMuse.com
Do ‘eco’ attitudes & behaviours explain the uptake of domestic energy product...Ben Anderson
"Do ‘eco’ attitudes & behaviours explain the uptake of domestic energy production technologies?"
Paper presented at "What Makes Us Act Green?", June 25 2014, London
Propuesta pedagógica de una clase pràctica de Análisis Matemático para alumnos de primer año universitario. Esta propuesta está pensada para desarrollarla con la guia del docente de la asignatura.
The UK Government’s “Infrastructure Bill” – amended draft published on 14 October 2014. Key highlights: CO2-reduction, extraction-tax, piercing commercial veils in upstream petroleum, levies on CO2 storage/gas storage or unloading/exploiting UK petroleum, and deep petroleum/geothermal energy prospecting.
Yesterday, the SCA ruled that the Minister of Mineral Resources was not empowered to make regulations regarding environmental matters. As a result the SCA set aside the 2015 Regulations for Petroleum Exploration and Production in its entirety. These regulations allowed for the granting of licences for the exploration of shale gas and impacts the controversial Karoo project.
Read the full judgment here.
A presentation on Philippine energy laws and policies including issues and constraints in implementation; opportunities in the digital transformation and clean energy transition; power sector plans and programs; Malampaya natural gas; West Philippine sea maritime dispute; ongoing LNG projects
Lawsuit: Wayne Land and Mineral Group, LLC v. Delaware River Basin CommissionMarcellus Drilling News
A lawsuit filed by a Pennsylvania landowner that argues drilling a gas well does not qualify as a "project" under the Delaware River Basin Commission's charter, and therefore the DRBC has no legal right to prevent the drilling of a well that is duly regulated by the state Dept. of Environmental Conservation. The lawsuit aims to break the DRBC ban on fracking in Wayne and Pike counties in PA.
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
Poyry - UK Shale Gas - where are we now? - Point of ViewPöyry
Exploratory drilling activity on the part of shale gas developers remains low despite widespread coverage in the media and announcements that the UK is to “go all
out for shale”. Although regulation must remain thorough and robust, there is a risk that the complex approvals process will hinder production. Industry, government
and regulatory authorities should ensure that the institutional capacity is in place to make the approvals process efficient so that the potential benefits of shale gas can be realised.
The construction of facilities for the development of the Greater Gorgon Gas Fields on the North-West Shelf, and the processing and export of the gas at a liquefied natural gas plant to be constructed on Barrow Island, as more generally described in the Draft Environmental Impact Statement / Environmental Review and Management Programme for the Proposed Gorgon Development, the Final Environmental Impact Statement/ Response to Submissions on the Environmental Review and Management Programme; as amended under Section 45C; and as expanded and revised in the Public Environmental Review for the Gorgon Gas Development Revised and Expanded Proposal and the Response to Submissions: Gorgon Gas Development Revised and Expanded Proposal, Public Environmental Review.
From this master planning document, more than 500 specific mitigation measures were developed for on-Island implementation.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
Learn more about what goes on Facebook and what does not. Basic Social Etiquette is very important to help you manage your Facebook Business account. Find out more about Facebook Friday webinars with Melien Lavoie at www.PluginMuse.com
Do ‘eco’ attitudes & behaviours explain the uptake of domestic energy product...Ben Anderson
"Do ‘eco’ attitudes & behaviours explain the uptake of domestic energy production technologies?"
Paper presented at "What Makes Us Act Green?", June 25 2014, London
Propuesta pedagógica de una clase pràctica de Análisis Matemático para alumnos de primer año universitario. Esta propuesta está pensada para desarrollarla con la guia del docente de la asignatura.
Similar to De-risking and enabling uk shale gas and deep heat geothermal projects; &, rights-packs for uk developers interested in rhi deep geothermal or shale projects
The UK Government’s “Infrastructure Bill” – amended draft published on 14 October 2014. Key highlights: CO2-reduction, extraction-tax, piercing commercial veils in upstream petroleum, levies on CO2 storage/gas storage or unloading/exploiting UK petroleum, and deep petroleum/geothermal energy prospecting.
Yesterday, the SCA ruled that the Minister of Mineral Resources was not empowered to make regulations regarding environmental matters. As a result the SCA set aside the 2015 Regulations for Petroleum Exploration and Production in its entirety. These regulations allowed for the granting of licences for the exploration of shale gas and impacts the controversial Karoo project.
Read the full judgment here.
A presentation on Philippine energy laws and policies including issues and constraints in implementation; opportunities in the digital transformation and clean energy transition; power sector plans and programs; Malampaya natural gas; West Philippine sea maritime dispute; ongoing LNG projects
Lawsuit: Wayne Land and Mineral Group, LLC v. Delaware River Basin CommissionMarcellus Drilling News
A lawsuit filed by a Pennsylvania landowner that argues drilling a gas well does not qualify as a "project" under the Delaware River Basin Commission's charter, and therefore the DRBC has no legal right to prevent the drilling of a well that is duly regulated by the state Dept. of Environmental Conservation. The lawsuit aims to break the DRBC ban on fracking in Wayne and Pike counties in PA.
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
Poyry - UK Shale Gas - where are we now? - Point of ViewPöyry
Exploratory drilling activity on the part of shale gas developers remains low despite widespread coverage in the media and announcements that the UK is to “go all
out for shale”. Although regulation must remain thorough and robust, there is a risk that the complex approvals process will hinder production. Industry, government
and regulatory authorities should ensure that the institutional capacity is in place to make the approvals process efficient so that the potential benefits of shale gas can be realised.
The construction of facilities for the development of the Greater Gorgon Gas Fields on the North-West Shelf, and the processing and export of the gas at a liquefied natural gas plant to be constructed on Barrow Island, as more generally described in the Draft Environmental Impact Statement / Environmental Review and Management Programme for the Proposed Gorgon Development, the Final Environmental Impact Statement/ Response to Submissions on the Environmental Review and Management Programme; as amended under Section 45C; and as expanded and revised in the Public Environmental Review for the Gorgon Gas Development Revised and Expanded Proposal and the Response to Submissions: Gorgon Gas Development Revised and Expanded Proposal, Public Environmental Review.
From this master planning document, more than 500 specific mitigation measures were developed for on-Island implementation.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
North sea offshore wind - Developments in Belgium and The NetherlandsLoyens & Loeff
http://loyensloeff.com
Our Energy Team has in-depth experience with (offshore) wind projects in both countries and is at the forefront of developments in this challenging industry. This briefing sets out the legal framework and recent developments in offshore wind both in Belgium and the Netherlands. This is the first update to our October briefing. We expect to publish more updates in the coming months to keep you informed on
important developments.
Jon Gibbins presented on CCS for natural gas power plants at the MIT Carbon Sequestration Forum 16 in Cambridge, MA
Similar to De-risking and enabling uk shale gas and deep heat geothermal projects; &, rights-packs for uk developers interested in rhi deep geothermal or shale projects (20)
UKGov are bringing back CfDs - will global renewable energy come back (/stay) a little bit longer? Discussion on impact of the March UK Budget 2016 impact on energy projects (and energy storage) in the UK.
Our engineering, infrastructure projects and procurement offering, in the EMEA, APAC and Americas, where relevant with best-friend informal-alliance partner-firms:
DECC decision on ROCs CfDs Grace Periods Grandfathering of ROCs and degression banding for FiTs - URN 14D 322 and URN 14D 372, as it relates to the solar PV industry in the UK (October 2014)
Applying for contracts for difference when the application window commences on 14 October. Details on Allocation Framework and draft allocation regulations from the UK Government and as published on DECC's website.
This article explores the Infrastructure Bill and its potential impact on UK infrastructure projects if the legislation passes the second reading/debate in the House of Lords, and achieves Royal Assent.
There is discussion on deemed discharge of planning consent conditions, to scrutiny on the prospective regulation of community stakes in 5+MW renewable energy projects onshore and offshore which would include scrutiny on Developers of those projects and the Operator (O&M company) and how they are composed in terms of (share-) structure and participants.
This article explores the potential next steps for Developers if the changes under URD 14D/114 proposed to be made to the ROCs regime for UK solar parks above 5MW in size are passed by the UK Government.
There is discussion on what an applicant for a CfD may need, what mechanisms lie in the CfD process to attract debt financiers/equity investors, and what a Developer may do to gear up for the bidding process for CfD-allocation in October this year if legislative changes are implemented to bring forward the CfD for ROCs handover date to 1.4.15.
The briefing at the following link explores the impact of the proposed changes to the renewable subsidy regime for solar facilities installed in England and Wales that are five (5) megawatts or larger in size ('Large-scale PV Plants') given the 13 May 2014 announcement from DECC ('URN 14D/114').
DECC have put forward that in their view the capacity threshold of gigawatts installed of Large-Scale PV Plants in England and Wales will be achieved by the solar development community (including funders, contractors and developers) by mid-2015 rather than by the earlier predicted threshold-achievement by mid-2017.
Given the predicted threshold-achievement by 2015, the portion of the Levy Control Framework budget for Large-Scale PV Plants accredited for ROCs will have to end in the UK Government's view in April 2015, rather than in April 2017, with the net result that contracts for difference ('CfDs') will have an earlier adoption date that coincides with the targeted curtailment of ROCs for PV Plants on 1.4.15 ('Cut-off-Date').
The non-progression of "grandfathering" of ROCs following the Cut-off-Date for plants already accredited for receipt of ROCs, and the likely impact of the key terms of the current form of CfD are explored in this article, together with brief discussion on the other proposals to tackle the early threshold-achievement that were considered by DECC and reported on in URN 14D/114.
Our team are ready to assist with preparation of responses to the Consultation due by 7.7.14.
More from Bhalindra Bath - projects & M&A law (11)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
De-risking and enabling uk shale gas and deep heat geothermal projects; &, rights-packs for uk developers interested in rhi deep geothermal or shale projects
1. 1 | P a g e
Shale Oil and Gas, Geothermal Energy…in the UK?
Government consultation URN 14D/099 visits the feasibility
of these energy forms in the UK, and whether the UK can soon
begin projects in these sectors; discussion on the potential
rights that a developer could sell to a fund.
General disclaimer: the following constitutes the written view of the author and in no way constitutes actual legal advice
or a legal opinion and so no reliance may be placed upon the content hereinafter contained by any reader of this document
in any way whatsoever. In the event that legal advice or opinion is sought, please contact the author of this opinion at
the contact details below. The view below is expressly confined to matters as they stand at 27 June 2014
Why does the UK Government want to look at Shale Oil and Gas or Geothermal Energy?
The UK Government has set up the, “Office of Unconventional Gas and Oil” (“OUGO”) for energy sources
such as shale oil and gas, and the “Heat Strategy and Policy Team” for sources of deep heat such as
geothermal energy1
.
As North America has been advancing shale oil and gas extraction, so too the UK Government believes that
there may well be substantial reserves as per the studies published on the same day as the consultation
paper URN 14D/0992
, and that the costs of extraction if reduced due to advances in industry technologies
would make this a large source of energy going forwards for the United Kingdom.
The proposals in the paper would apply to all petroleum drilled for extraction, including conventional oil
and gas.
British Shale Gas
According to the consultation for extraction of shale gas, the British Geographical Survey studies referred
to within the consultation suggest that the Pennine Basin in the north of England has an estimated 1,300
trillion cubic feet of “gas in place” with other areas being the Kimmeridge Clay area of the Weald Basin in
Surrey and Sussex, the Oil-Shale Group in the Midland Valley and the Central Belt of Scotland (between
Glasgow and Edinburgh).
Deep geothermal (heat use); deep geothermal power
Deep geothermal (direct heat use):
The consultation states that this can be sourced from hot water aquifers that are rock layers containing
groundwater at depths of around a mile below the Earth surface where temperatures are high. Over 60’C,
heat can be used for local heat networks or cooling through use of absorption chillers.
Deep geothermal power:
The consultation states that this power can be sourced using Enhanced Geothermal System technologies
(EGS) but that the UK may not have the resource potential of more volcanic regions (New Zealand,
1 Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy, URN 14D/099,
published by the Department for Environment and Climate Change (“DECC”) on 23 May 2014:
https://econsultation.decc.gov.uk/decc-policy/consultation-on-underground-drilling-access (at page 3)
2 https://www.gov.uk/government/publications/bgs-weald-basin-jurassic-shale-reports (cf. too at:
https://www.gov.uk/government/news/government-proposals-to-simplify-deep-underground-access-for-shale-gas-and-
geothermal-industries)
2. 2 | P a g e
Indonesia or Iceland) given a report from Atkins for the Government3
, and for this reason, despite the
existence of a deep geothermal system in Southampton (which provides a district heating system for warm
water from the Wessex Basin Hot Sedimentary Aquifer), the current Government will prioritise heat-only
deep geothermal projects, stating that a number of this type of project are already planned under the
Renewable Heat Incentive program, through the Heat Networks Delivery Unit with projects planned in
North-West and North-East England, and the South-West of England.
What would be in the underground drilling “rights” pack for a developer selling shale gas extraction
rights/deep heat geothermal system under an SPA/Asset Purchase Agreement?
(1) Licence to drill
DECC can issue a licence for onshore oil and gas. Geothermal extraction doesn’t have an
equivalent system but in the case of geothermal heat schemes a Groundwater Investigation
Consent (GIC) and an abstraction licence may be required from the Environment Agency.
(2) Landowner consent
The legal principle of cuius est solum, eius est usque ad coelom et ad inferos4
, whereby the owner
of the freehold title to land in England and Wales owned everything on the surface of their land,
the airspace above it, down the centre of the Earth, has been somewhat modified in scope since
Bernstein of Leigh (Baron) v Skyviews and General Ltd [1977] 3 WLR 136 which limited the scope
of this principle to the extent to which the landowner requires to reasonably enjoy its subjects on
the ground, which presumably extends in the opposite direction below the surface, such that the
landowner will have rights on the strata below its land to the extent that it reasonably requires
control to enjoy its subjects. In 2010, in the Bocardo SA case (Mohammed Al Fayed’s company
claiming compensation for drilling and extraction of oil from beneath his estate in Surrey), their
Lordships decided that, “…the owner of the surface is the owner of the strata beneath it, including
the minerals that are to be found there, unless there has been an alienation of them by a
conveyance, at common law or by statute to someone else..“, with the final extent being to, “…the
point at which physical features such as pressure and temperature render the concept of the strata
belonging to anybody so absurd as to be not worth arguing about..“5
. In the event that a form of
consent cannot be obtained due to defect in title, or unreasonable terms offered by a landowner
for provision of their consent, compulsory rights may be acquired by court order under s.3(2) of
the Mines (Working Facilities and Support) Act 19666
.
(3) Planning permission
As with most energy developments in the United Kingdom that may have an impact on the local
community a pre-planning consultation will be required to assess feasibility, and an Environmental
Impact Assessment may well be required by the local authority as a part of the public consultation
process. The UK Onshore Operators Group which supports the shale gas industry in the United
Kingdom would be worth contacting in this regard.
(4) Environmental regulator permit
Once an application for an environmental permit is submitted, the relevant environmental
regulator such as the Environment Agency will publish the permit application on its website for
public comment, before issuing its permit7
.
(5) Well plans require examination by the UK Health and Safety Executive (HSE)
An HSE inspector and a third party well examiner will check the design and construction of the
intended well to check for compliance with the well’s design, leaks, and maintenance.
3 https://www.gov.uk/government/publications/deep-geothermal-review-study
4 Cf. http://www.hardwicke.co.uk/insights/articles/local-authorities-and-fracking
5 Star Energy Weald Basin Limited & Anor v Bocardo SA [2010] UKSC 35 (http://www.supremecourt.uk/decided-
cases/docs/UKSC_2009_0032_Judgment.pdf)
6 http://www.legislation.gov.uk/ukpga/1966/4/section/3 (cf. also at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/185935/UKOOGShaleGasWellGuidelines.
pdf)
7 https://consult.environment-agency.gov.uk/portal/ho/ep/src/no10/standard_rules_no10
3. 3 | P a g e
(6) Drilling/Production consent
For wells relating to proposed hydraulic fracking, DECC will consider seismic risk, the planning
permission, the HSE report and EA permit, (3)-(5) above, and then will give its consent. For
geothermal heating schemes, the final consent and seismic hazard consent will be administered
through the local planning department in the local authority to the site of the proposed
geothermal project.
Risks
(a) Water contamination
The consultation states that the Royal Society and Royal Academy of Engineering view the risk of
water contamination due to hydraulic fracturing as being low if the well is designed, well8
. In
relation to deep geothermal EGS projects, as the water is extracted in situ, and no waste water
produced, the risk of contamination into strata below the ground-surface higher up from the point
at which the aquifer where the geothermal deep heat project is located is viewed in the
consultation as minimal.
(b) Seismic activity
Shale operators will have to monitor the proximity of relevant faults before fracking, monitor
seismic activity during and after a frack, and halt operations if seismic activity breaches acceptable
parameters. In terms of deep geothermal the risk is thought according to the consultation, to be
minimal.
(c) Subsidence
The consultation points to shale gas or geothermal having low or minimal risk of this.
Proposed action by the UK Government
(i) A right of underground access from land below 300m. Fracking would take place much deeper
than 300m however this is the distance beneath which the Government believe the surface
landowner will no longer have any use of land. This right would negate any claim of trespass
from a surface landowner.
(ii) One-off £20,000 payment for each unique lateral (horizontal) well that extends by more than
200m laterally, and if lateral drilling vertically coincides payment is made only once. The
payment is suggested to be made by the operator to a community body which would then
distribute the payment amongst the community to ease the administrative burden.
(iii) Public notification system to allow an individual or community to raise valid objections.
Questions raised by the Government for this consultation
1. Should the Government legislate to provide underground access to gas, oil and geothermal developers
below 300 metres?
2. If you do not believe the Government should legislate for underground access, do you have a preferred
alternative solution?
3. Should a payment and notification for access be administered through the voluntary scheme proposed
by industry?
Operators, developers, funds, contractors, individuals and community bodies can engage MBC Energy
Team to assist on responses to DECC on the consultation and the questions above by 11.45pm on 15 August
2014.
London, 27 June 2014.
To find out more on how My Business Counsel can assist you, please contact our Energy Team today on
info@mybusinesscounsel.com or by calling +44 (0) 203 507 0152.
8 https://royalsociety.org/~/media/Royal_Society_Content/policy/projects/shale-gas/2012-06-28-Shale-gas.pdf