This document discusses the status of carbon capture and storage (CCS) legal and regulatory development globally. It notes that regulators have focused on removing legal obstacles to CCS, providing incentives to stimulate development, and designing frameworks to manage risks. Specific examples discussed include amendments to international agreements to allow CO2 storage, provisions for CCS in climate agreements and emissions trading schemes, and dedicated CCS legislation enacted in several jurisdictions. The document also examines perspectives from CCS projects and the need to develop regulations and guidance further to support broader deployment of the technology. It describes a regulatory test toolkit developed to help governments evaluate CCS project applications.

1. GLOBAL CCS INSTITUTE
OVERVIEW OF CCS LAW AND REGULATION
Global CCS Institute Members’ Meeting 2011
Ian Havercroft, Senior Advisor - Law and Regulation
WWW.GLOBALCCSINSTITUTE.COM

2. GLOBAL CCS INSTITUTE
OVERVIEW
Status of CCS legal and regulatory
development.
Project-level perspectives.
Moving ‘beyond the framework’.
Development of models – the role of the
Institute.
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3. GLOBAL CCS INSTITUTE
STATUS OF CCS LEGAL AND
REGULATORY DEVELOPMENT
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4. GLOBAL CCS INSTITUTE
CCS 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.
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5. GLOBAL CCS INSTITUTE
REMOVAL 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?
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6. GLOBAL CCS INSTITUTE
PROVISION 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
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7. GLOBAL CCS INSTITUTE
DEDICATED 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.
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8. GLOBAL CCS INSTITUTE
PROJECT-LEVEL PERSPECTIVES
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9. GLOBAL CCS INSTITUTE
PROJECT-LEVEL PERSPECTIVES
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10. GLOBAL CCS INSTITUTE
PROJECT 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.
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BEYOND THE FRAMEWORK
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12. GLOBAL CCS INSTITUTE
BEYOND 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.
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13. GLOBAL CCS INSTITUTE
BEYOND 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.
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14. GLOBAL CCS INSTITUTE
DEVELOPMENT OF MODELS
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15. GLOBAL CCS INSTITUTE
REGULATORY 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.
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16. GLOBAL CCS INSTITUTE
www.globalccsinstitute.com
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