AQW 8255/11-15


Mr Steven Agnew
Green Party
North Down


Tabled Date: 14/02/2012
Answered On Date: 05/03/2012
Priority Written: No


Question:
To ask the Minister of Enterprise, Trade and Investment, pursuant to AQW 7217/11-15, (i) whether the granting of petroleum licences for hydraulic fracturing operations was not subject to a strategic environmental assessment because the petroleum licensing onshore Northern Ireland is defined as a plan or programme for energy, and was adopted before 21 July 2004 in accordance with the Petroleum (Production) Act (Northern Ireland) 1964 and the Petroleum Production Regulations (Northern Ireland) 1987; and (ii) to confirm whether the Notice (2010/C169/4), published by the Department in the Official Journal of the European Union, announcing the availability of all of onshore Northern Ireland for Petroleum Licence applications and inviting applications by 27 August 2011, was a plan or programme for energy as defined by the Environmental Assessment of Plans and Programmes Regulations ( Northern Ireland) 2004.


Answer:
My Department considers that the policy decision to establish a petroleum licensing regime, by means of the Petroleum (Production) Act (Northern Ireland) 1964 and the Petroleum Production Regulations (Northern Ireland) 1987, whereby all of onshore Northern Ireland was made available for licensing, constituted a plan or programme for energy adopted before 21 July 2004.
My Department considers that the decision to publish a Notice (2010/C169/4) in the Official Journal of the European Union, announcing the availability of all of onshore Northern Ireland for Petroleum Licence applications and inviting applications by 27 August 2011, was not a plan or programme for energy as defined by the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004. This Notice was published in accordance with Regulation 3 of the Hydrocarbons Licensing Directive Regulations (Northern Ireland) 2010 which were a legal prerequisite to ensure that the petroleum licensing regime in Northern Ireland complied with the requirements of Directive 94/22/EC. As such, DETI concluded that this did not constitute a plan or programme separate from that of the original decision to make all of onshore Northern Ireland available for petroleum licensing described in i) above.
No petroleum licences have been granted for hydraulic fracturing operations. Hydraulic fracturing is a technical process designed to enhance the production of hydrocarbons from a well and, as such, requires approvals separate from the granting of a petroleum licence before it can be undertaken.