Gas Act 1965

JurisdictionUK Non-devolved
Citation1965 c. 36
(1) The Minister may by an order (in this Part of this Act referred to as a “storage authorisation order”) authorise the storage by a F2public gas transporter in natural porous strata underground of such kinds of gas (including natural gas) as, having regard to the safety of the public and the need to protect water resources are in the opinion of the Minister suitable for such storage.(2) A F2public gas transportershall not develop or use any such strata for the storage of gas except in accordance with a storage authorisation order, and a storage authorisation order . . . shall not authorise the disregard by any F2public gas transporter of any enactment or rule of law exonerate a F2public gas transporter from any indictment, action or other proceedings for any nuisance caused by them.subsection (1) is subject to section 33(2) of that Act (exclusion of powers to authorise development for which development consent required) , andsubsection (2) is subject to section 33(1) of that Act (exclusion of requirement for other consents for development for which development consent required) .(2B) So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 120(9) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders) .(3) At all stages in the formulation by a F2public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the F2public gas transporter or the Minister, as the case may be, shall have regard to the safety of the public and the protection of water resources.(4) At all stages in the formulation by a F2public gas transporter of any proposals for the making of a storage authorisation order, and in the consideration by the Minister of any such proposals, the F2public gas transporter or the Minister, as the case may be, having regard to the desirability of preserving natural beauty, of conserving flora, fauna, and geological or physiographical features of special interest, and of protecting buildings and other objects of architectural or historic interest, shall take into account any effect which the proposals might have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects.(5) Section 72 of the Water Resources Act 1963 (control of discharges into underground strata) shall not apply to a discharge of gas into underground strata in accordance with a storage authorisation order.the carrying out or construction of any surface works, boreholes or pipes associated with an underground gas storage which in a storage authorisation order are shown as approved by the Minister for the purposes of this subsection, orthe bringing into use or operation of an underground gas storage in accordance with a storage authorisation order,

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