These Regulations may be cited as the Oil and Gas Authority (Carbon Storage and Offshore Petroleum) (Specified Periods for Disclosure of Protected Material) Regulations 2025.
The Oil and Gas Authority (Carbon Storage and Offshore Petroleum) (Specified Periods for Disclosure of Protected Material) Regulations 2025
Published: Wed 7th Jan 26
The Oil and Gas Authority (Carbon Storage and Offshore Petroleum) (Specified Periods for Disclosure of Protected Material) Regulations 2025 specify the regulatory windows following data collection during which the Oil and Gas Authority (OGA) or subsequent holders can disclose protected material, including information and samples, related to carbon capture and storage (CCS) and offshore petroleum activities.
These regulations establish different disclosure timelines based on the sensitivity and nature of the material—some information can be published immediately, while detailed technical data, well information, injection/production records, and physical samples are subject to defined confidentiality periods, often contingent on reporting deadlines, system closures, or licence determination events.
Furthermore, the instrument amends a 2018 regulation concerning offshore petroleum data to align its disclosure deadline with the "reporting deadline" specified by the OGA.
Arguments For
Establish clear, regulated timelines for the public release of protected carbon storage information and samples gathered by the Oil and Gas Authority (OGA), promoting transparency in the sector once commercial sensitivities diminish.
Aligns disclosure requirements for carbon storage activities with existing frameworks for offshore petroleum, ensuring a consistent regulatory approach to confidentiality periods across related energy sectors.
Protects initial commercial interests of licensees by allowing specific confidentiality periods (e.g., 2 or 5 years for survey data, 2 years for well info) before public release, balancing commercial protection with public knowledge requirements.
Provides specific mechanisms (determination events, site closure) that can trigger or accelerate the disclosure schedule, offering flexibility based on the lifecycle of a project.
Arguments Against
The multi-layered confidentiality periods (ranging from immediate release for summary data to specific years for detailed data) may create confusion regarding when exactly specific pieces of information become public.
The regulations introduce amendments to existing 2018 regulations, potentially adding complexity to the overall enforcement and understanding of data confidentiality across different energy domains (petroleum vs. storage).
Delays in the disclosure of detailed technical information (up to five years for some survey data) might hinder parallel research, academic study, or alternative project planning that relies on such geological or engineering data.
Disclosure triggers, such as 'determination events' or 'site closure,' might be difficult to define or standardize across all licences, leading to disputes over commencement dates for public access.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 66(1) and 82(2) of the Energy Act 20161 (“the 2016 Act”) and section 331(2) of, and paragraph 4 of Schedule 7 to, the Energy Act 20232 (“the 2023 Act”).
In relation to Parts 2, 3 and 4 of these Regulations, the Secretary of State has had regard to the factors in paragraph 4(6) of Schedule 7 to the 2023 Act, and, in balancing the factors, has, in accordance with paragraph 4(7) of that Schedule, taken into account the principal objectives set out in section 1(1) of that Act.
In relation to Part 5 of these Regulations, the Secretary of State has had regard to the factors in section 66(5) of the 2016 Act, and, in balancing the factors, has, in accordance with section 66(6) of that Act, taken into account the principal objective3.
In accordance with section 82(4) of the 2016 Act and paragraph 4(5) of Schedule 7 to the 2023 Act4, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.
The Secretary of State issues these Regulations using powers granted under the Energy Act 2016 (the 2016 Act) and the Energy Act 2023 (the 2023 Act).
For Parts 2, 3, and 4, the Secretary of State considered specific factors set out in the 2023 Act relating to carbon storage and balanced these factors against the main objectives of that Act.
For Part 5, the Secretary of State considered factors under the 2016 Act, balancing them against that Act's principal objective.
Parliament approved a draft of this instrument, as required by both the 2016 Act and the 2023 Act.
Part 1Introductory matters
Citation, commencement and extent1.
(1)
(2)
These Regulations come into force on the 21st day after the day on which they are made.
(3)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
Application in relation to information excluded from the CS register2.
Nothing in Parts 3 and 4 of these Regulations applies to any protected carbon storage information which is prescribed information (within the meaning of section 29 of the 2008 Act) at any time when that information is excluded from the CS register by virtue of subsection (2) of that section.
Effect of partial surrender of rights under a carbon storage licence3.
(1)
Paragraph (2) applies where—
(a)
Part 3 or 4 of these Regulations permits the disclosure of protected carbon storage material following the surrender of rights under a carbon storage licence5 (a “surrender event”),
(b)
the surrender event relates to only part of the area in respect of which the licence was granted, and
(c)
that area is not the only area in respect of which the licence continued to have effect.
(2)
Part 3 or, as the case may be, Part 4 of these Regulations is to be applied only to protected carbon storage material relating to the part of the area to which the surrender event relates.
(3)
In this regulation “protected carbon storage material” means—
(a)
protected carbon storage information6, or
(b)
protected carbon storage samples7.
Interpretation4.
(1)
In these Regulations—
“the 2023 Act” means the Energy Act 2023;
“the CS Directive” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide9;
“the 2010 Licensing Regulations” means the Storage of Carbon Dioxide (Licensing etc.) Regulations 201010;
“characteristics” includes temperature and pressure;
“CO2” means carbon dioxide;
“determination event” means—
(a)
a surrender of rights under a carbon storage licence in respect of all or part of the area to which the licence relates,
(b)
the expiry of a carbon storage licence,
(c)
the termination of a carbon storage licence,
(d)
the revocation of a carbon storage licence, or
(e)
the revocation of a storage permit;
“fluid” means—
(a)
a gas, a liquid or vapour, or
(b)
a mixture of those things;
“information reporting deadline”, in relation to protected carbon storage information, means—
(a)
if the notice given by the OGA12 in respect of the information specifies, in accordance with section 112 (2) (b) of the 2023 Act, the time at which that information is to be provided to the OGA, that time;
(b)
if the notice given by the OGA in respect of the information specifies, in accordance with section 112 (2) (b) of the 2023 Act, the period within which that information is to be provided to the OGA, the end of that period;
“injection” means injection of CO2 or any other fluid into a storage site;
“injection and production information for a storage site or storage complex” means protected carbon storage information for a storage site or storage complex which relates to any of the following—
(a)
the quantity of a fluid which is injected in a period of 24 hours,
(b)
the injection rates for a fluid,
(c)
the quantity of a fluid or other substance which is produced from the relevant storage complex in a period of 24 hours,
(d)
the chemical composition or characteristics of a fluid or other substance mentioned in paragraph (a) or (c),
(e)
the quantity of a gas which is—
- (i)
produced from the storage site, and
- (ii)
flared or vented, or used, in or during the operation of the site,
(f)
the chemical composition or characteristics of a gas falling within paragraph (e), or
(g)
the pressure or temperature in a storage complex during—
- (i)
injection of a fluid, or
- (ii)
production of a fluid;
“protected carbon storage information” means carbon storage information which is protected material13 obtained by the OGA14 under section 112 of the 2023 Act;
“protected carbon storage samples” means carbon storage samples which are protected material obtained by the OGA under section 112 of the 2023 Act;
“relevant CS licence”, in relation to protected carbon storage information or samples, means the carbon storage licence under which the information is, or samples are, created or acquired;
“relevant installation” has the meaning given in paragraph (2);
“relevant storage complex”, in relation to a storage site, means the storage complex of which that site forms part;
“storage permit” has the meaning given in regulation 1(3) of the 2010 Licensing Regulations;
“well” includes a borehole;
“well activity” means—
(a)
drilling a well,
(b)
testing carried out on any fluids or other substances encountered in, or when drilling, a well,
(c)
testing carried out on a well,
(d)
work for the purposes of bringing a well into operation and which is carried out after the well has been drilled (including, for example, the installation of a casing),
(e)
operation of a well,
(f)
maintenance of a well,
(g)
suspending the operation of a well so that it may be re-used for, or in connection with, the storage of CO2 or other works,
(h)
plugging a well,
(i)
abandoning a well permanently, or
(j)
monitoring a well.
(2)
“Relevant installation” in relation to a carbon storage licensee, means an installation established or maintained in a controlled place in accordance with their carbon storage licence.
(3)
For the purposes of paragraph (2), “controlled place” and “installation” have the meanings given for the purposes of Chapter 3 of Part 1 of the 2008 Act (see section 35 of that Act15).
(4)
In these Regulations the following terms have the meanings given by Article 3 of the CS Directive (and cognate expressions are to be construed accordingly)—
“closure”;
“CO2 plume”;
“corrective measures”;
“hydraulic unit”;
“migration”;
“storage complex”;
“storage site” .
Part 1 covers preliminary matters for the regulations.
Regulation 1 states the official citation, confirms that the regulations take effect 21 days after being made, and specifies they apply across England, Wales, Scotland, and Northern Ireland.
Regulation 2 states that Parts 3 and 4 do not apply to protected carbon storage information that is already excluded from the Carbon Storage (CS) register under Section 29 of the Energy Act 2008.
Regulation 3 addresses what happens when a carbon storage licence holder partially surrenders their rights.
If a surrender event relates to only part of the licensed area, and the licence continues for other areas, the disclosure rules in Parts 3 or 4 only apply to the material concerning the surrendered part.
Regulation 4 provides comprehensive definitions used throughout the instrument, including references to the Energy Acts of 2008, 2016, and 2023, the CO2 Storage Directive (CS Directive), licensing regulations, and crucial terms like 'determination event,' 'protected carbon storage information,' 'injection,' and various geological and operational terms.
Part 2Protected carbon storage information which may be published immediately
Summary information5.
(1)
The OGA or a subsequent holder16 may publish any of the following information after the date on which it is obtained by the OGA—
(a)
the summary survey information;
(b)
the summary well information;
(c)
the summary storage site and storage complex information;
(d)
the summary relevant installation information.
(2)
The Schedule contains further provision about the information mentioned in paragraph (1)(a) to (d).
Part 2 establishes which protected carbon storage information can be made public immediately after the OGA obtains it, or after a subsequent holder obtains it.
This immediate publication applies only to 'summary information' types.
Specifically, the OGA or a subsequent holder can publish summary survey information, summary well information, summary storage site and storage complex information, and summary relevant installation information right away.
The Schedule details exactly what constitutes this summary information for surveys, wells, storage sites/complexes, and relevant installations.
Part 3Protected carbon storage information which may not be published immediately
Detailed survey information6.
(1)
The OGA or a subsequent holder may publish detailed survey information after the earlier of—
(a)
the end of the period of—
(i)
where a survey is conducted for the purpose of monitoring the CO2 plume and surrounding area, two years;
(ii)
in any other case, five years,
beginning with the date on which the relevant survey acquisition finished,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In this regulation—
“detailed survey information” means protected carbon storage information which—
(a)
is, or is derived or otherwise results from the processing of, survey data, and
(b)
is not information to which regulation 5 applies;
“relevant survey”, in relation to detailed survey information, means the survey in or from which that information was acquired or created;
“survey data” means data acquired or created in the course of a survey.
Detailed well information7.
(1)
The OGA or a subsequent holder may publish detailed well information after the earlier of—
(a)
the end of the period of two years beginning immediately after the information reporting deadline,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “detailed well information” is any protected carbon storage information specified in paragraph (3) which is not information to which regulation 5 applies.
(3)
The information mentioned in paragraph (2) is information which is, or relates to—
(a)
the position or dimensions of a well, including the directional path of any borehole;
(b)
the material, equipment or components used in a well activity;
(c)
a summary of a well activity;
(d)
the strata, formations or fluids which are or may be encountered while undertaking a well activity.
Consolidated injection and production information8.
(1)
The OGA or a subsequent holder may publish consolidated injection and production information for a storage site or storage complex after the earlier of—
(a)
the end of the period of two months beginning with the last day of the month to which that information relates,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “consolidated injection and production information for a storage site or storage complex” means injection and production information for a storage site or storage complex consolidated on the basis of the calendar month and the well to which it relates.
Non-consolidated injection and production information9.
(1)
The OGA or a subsequent holder may publish non-consolidated injection and production information for a storage site or storage complex after the earlier of—
(a)
the date on which—
(i)
in the case of information for a storage site, the storage site is closed, or
(ii)
in the case of information for a storage complex, the storage site which is within the storage complex is closed,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “non-consolidated injection and production information for a storage site or storage complex” means any injection and production information for a storage site or storage complex which does not fall within regulation 8.
Storage resources information10.
(1)
The OGA or a subsequent holder may publish storage resources information for a storage site after the earlier of—
(a)
the date on which the storage site is closed,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “storage resources information for a storage site” means—
(a)
protected carbon storage information which is an estimate of the quantity of CO2 that has been stored or could be stored in a storage site or part of a storage site;
(b)
a description of the part of the storage site to which the estimate relates;
(c)
information about the storage site which has been acquired or created in the course of making the estimate;
(d)
where the estimate results from an activity which is permitted by the relevant CS licence, a description of the activity.
(3)
For the purposes of paragraph (2)(a), an estimate may include—
(a)
a range of quantities;
(b)
probabilities associated with a quantity.
Computerised model information11.
(1)
The OGA or a subsequent holder may publish computerised model information after the earlier of—
(a)
the end of the period of two years beginning with the information reporting deadline,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “computerised model information” means any protected carbon storage information which is, or relates to the creation of, a CO2 storage model.
(3)
For the purposes of paragraph (2), “CO2 storage model”, in relation to a storage complex, means a computerised model which—
(a)
provides a spatial representation of the distribution of the following in the storage complex—
(i)
sediment;
(ii)
rocks;
(iii)
wells (if any), and
(b)
simulates the flow of fluids in the storage complex.
Geotechnical information in a storage permit application12.
(1)
The OGA or a subsequent holder may publish geotechnical information in a storage permit application after the earlier of—
(a)
the period of five years beginning with the date on which injection at the relevant storage site commences, and
(b)
the date on which a determination event occurs in respect of the relevant CS licence.
(2)
In paragraph (1)—
“geotechnical information in a storage permit application” means information which—
(a)
has been included in an application for a storage permit under regulation 6 of the 2010 Licensing Regulations,
(b)
relates to—
- (i)
the geotechnical engineering or analysis required to carry out the activities described in the application, or
- (ii)
the geology of the area to which the application relates, and
(c)
is not information to which regulation 5 applies;
“relevant storage site” means, in relation to geotechnical information which has been included in an application for a storage permit under regulation 6 of the 2010 Licensing Regulations, the storage site in respect of which the application was made.
Storage formation information13.
(1)
The OGA or a subsequent holder may publish any storage formation information after the earlier of—
(a)
the date on which the storage site under the relevant CS licence is closed,
(b)
the date on which a determination event occurs in respect of the relevant CS licence, and
(c)
the date on which the information is included in the CS register.
(2)
In paragraph (1), “storage formation information” means any protected carbon storage information relating to a matter specified in paragraph (3) which is not information to which regulation 5 applies.
(3)
The matters mentioned in paragraph (2) are—
(a)
the subsurface;
(b)
the geology of the strata;
(c)
the geological formation of—
(i)
a storage site,
(ii)
a storage complex, or
(iii)
a hydraulic unit;
(d)
the chemical composition of a fluid occurring naturally in—
(i)
a storage site,
(ii)
a storage complex, or
(iii)
a hydraulic unit;
(e)
how CO2 behaves, or may behave, in—
(i)
a storage site,
(ii)
a storage complex, or
(iii)
a hydraulic unit;
(f)
how CO2 may migrate;
(g)
an assessment of the integrity of any well in a storage site or a storage complex.
Detailed installation information14.
(1)
The OGA or a subsequent holder may publish any detailed installation information after the earlier of—
(a)
the date on which the storage site to which the relevant installation relates is closed, and
(b)
the date on which a determination event occurs in respect of the relevant CS licence.
(2)
In paragraph (1), “detailed installation information” means protected carbon storage information relating to a matter specified in paragraph (3) which is not information to which regulation 5 applies.
(3)
The matters mentioned in paragraph (2) are—
(a)
the position or dimensions of a relevant installation;
(b)
the material, equipment or components used in the construction, operation, maintenance or decommissioning of a relevant installation;
(c)
the occurrence of construction, maintenance, inspection or decommissioning of a relevant installation;
(d)
a summary of the use of a relevant installation for any of the following activities—
(i)
the appraisal or exploration of a storage complex and surrounding area;
(ii)
the conversion of any place for the purpose of storing carbon dioxide (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal);
(iii)
the storage of CO2 (with a view to its permanent disposal, or as an interim measure prior to its permanent disposal);
(iv)
the unloading of CO2;
(v)
the conveyance of substances by means of a pipe, or system of pipes connecting to a storage site;
(vi)
the provision of accommodation for persons who work on or from a relevant installation, including a planned relevant installation;
(vii)
the processing or transportation of CO2;
(viii)
the monitoring of the CO2 plume and surrounding environment.
Monitoring information15.
(1)
The OGA or a subsequent holder may publish any monitoring information after the earlier of—
(a)
the period of two years beginning with the information reporting deadline;
(b)
the date on which a determination event occurs in respect of the relevant CS licence.
(2)
In paragraph (1), “monitoring information” means protected carbon storage information which relates to the monitoring of the CO2 plume or surrounding area for the purposes of—
(a)
comparing the actual and modelled behaviour of a substance in a storage site;
(b)
detecting any significant irregularities;
(c)
detecting migration of CO2;
(d)
detecting leakage of CO2;
(e)
detecting any significant adverse effects on the surrounding environment;
(f)
assessing the effectiveness of any corrective measures taken;
(g)
assessing the safety and integrity, both short-term and long-term, of the storage complex (including in particular, the assessment of whether the stored CO2 can or will be completely and permanently contained).
Part 3 specifies the delayed release periods for detailed protected carbon storage information and samples.
Regulation 6 details the release for detailed survey information, which is generally two years after acquisition finishes if it concerns CO2 plume monitoring, or five years otherwise. Release is also contingent on a 'determination event' or inclusion in the CS register.
Regulation 7 dictates that detailed well information gets released two years after the information reporting deadline, or upon a determination event or inclusion on the CS register.
Detailed well information covers well positions, materials used in well activities, activity summaries, and subsurface strata encountered.
Regulation 8 covers the publication of consolidated injection and production information (aggregated monthly per well), which can be disclosed two months after the relevant month ends, or upon a determination event/register inclusion.
Regulation 9 covers non-consolidated injection and production information, which can be released upon the closure of the relevant storage site/complex, or upon a determination event/register inclusion.
Regulation 10 concerns storage resources information (estimates of stored/storable CO2 quantity, site description, etc.), which can be published after site closure, a determination event, or register inclusion.
Regulation 11 sets a two-year release period (from the reporting deadline) for computerised model information (spatial representations and fluid flow simulations for a storage complex), subject to determination events or register inclusion.
Regulation 12 allows the publication of geotechnical information included in a storage permit application five years after injection commences at the site, or upon a determination event.
Regulation 13 specifies that storage formation information—covering geology, fluid composition, CO2 behavior, and well integrity assessments—can be published after site closure, a determination event, or register inclusion.
Regulation 14 allows detailed installation information (position, equipment, construction summaries) to be published after the relevant storage site closes or upon a determination event.
Regulation 15 covers monitoring information (related to plume comparison, irregularity detection, migration, leakage, corrective measures, and safety), which becomes public two years after the information reporting deadline, or upon a determination event.
Part 4Periods after which carbon storage samples may be made available
Carbon storage samples16.
(1)
The OGA or a subsequent holder may make any protected carbon storage samples available to the public after the earlier of—
(a)
the end of the period of two years beginning with the samples reporting deadline, and
(b)
the date on which a determination event occurs in respect of the relevant CS licence.
(2)
In paragraph (1), “samples reporting deadline”, in relation to protected carbon storage samples, means—
(a)
if the notice given by the OGA in respect of the samples specifies, in accordance with section 112 (2) (b) of the 2023 Act, the time at which those samples are to be provided to the OGA, that time;
(b)
if the notice given by the OGA in respect of the samples specifies, in accordance with section 112 (2) (b) of the 2023 Act, the period within which those samples are to be provided to the OGA, the end of that period.
Part 4 sets the disclosure period for physical carbon storage samples collected by the OGA under the 2023 Act.
Regulation 16 allows the OGA or a subsequent holder to make protected carbon storage samples publicly available after two years from the 'samples reporting deadline' or after a 'determination event' regarding the relevant carbon storage licence, whichever occurs first.
The 'samples reporting deadline' is defined by the time or period specified by the OGA in its notice requiring the samples to be provided under the 2023 Act.
Part 5Amendment of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018
Amendment of regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 201817.
(1)
Regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 201817 is amended as follows.
(2)
In paragraph (3)(a), for “the date on which the information is obtained by the OGA” substitute “the reporting deadline”
.
(3)
After paragraph (4) insert—
(5)
For the purposes of this regulation “the reporting deadline”, in relation to particular information is—
(a)
the time specified in the relevant OGA notice, in accordance with section 34(2)(b) of the Energy Act 2016 (“the 2016 Act”), as the time at which that information is to be provided to the OGA, or
(b)
the end of the period specified in the relevant OGA notice, in accordance with section 34(2)(b) of the 2016 Act, as the period within which that information is to be provided to the OGA.
(6)
For the purposes of paragraph (5), “the relevant OGA notice” means the notice given by the OGA, under section 34 of the 2016 Act, requiring the offshore licensee to provide the particular information to the OGA.”.
Part 5 amends existing regulations concerning the disclosure of protected material related to offshore petroleum, which were established under the 2016 Act.
Regulation 17 introduces the changes to Regulation 9 of the 2018 Regulations.
The primary change is the substitution of the trigger for disclosure timing: instead of disclosure being tied to when the OGA obtains the information, it will now be based on the 'reporting deadline'.
This new 'reporting deadline' is defined as the specific time or period the OGA specifies in its notice to the offshore licensee under section 34 of the 2016 Act, setting the deadline for the licensee to provide that information to the OGA.
ScheduleFurther provision about summary information
Summary survey information
1.
(1)
The summary survey information is any information specified in sub-paragraph (2) which is protected carbon storage information.
(2)
The information mentioned in sub-paragraph (1) is—
(a)
the name of a survey;
(b)
the person who is expected to carry out, or carried out, a survey;
(c)
the date on which survey acquisition started or is expected to start;
(d)
the date on which survey acquisition finished or is expected to finish;
(e)
whether a survey is a geophysical survey or a geological survey;
(f)
the type of a survey;
(g)
the method used by a survey to acquire data;
(h)
the geographic coordinates of the area surveyed.
Summary well information
2.
(1)
The summary well information is any information specified in sub-paragraph (2) which is protected carbon storage information.
(2)
The information mentioned in sub-paragraph (1) is—
(a)
the date on which drilling of a well started;
(b)
whether a well is connected to any other well;
(c)
whether, in relation to a well, any other well has been drilled—
(i)
under the same carbon storage licence;
(ii)
in the area covered by the licence mentioned in sub-paragraph (i);
(d)
where a well is associated with a storage site, the name of the storage site;
(e)
the total depth of a well;
(f)
the datum from which the depth of the well was measured;
(g)
the height above sea level of the datum from which the depth of the well was measured;
(h)
the date on which the total depth of a well was reached;
(i)
the status of a well;
(j)
the following information about the strata which are or may be encountered whilst undertaking a well activity—
(i)
name,
(ii)
age,
(iii)
thickness, and
(iv)
type of rock;
(k)
whether any fluids have been encountered when undertaking a well activity and, if so, which fluids;
(l)
the results of—
(i)
a flow test;
(ii)
an injection test.
Summary storage site and storage complex information
3.
(1)
The summary storage site and storage complex information is any information specified in sub-paragraph (2) which is protected carbon storage information.
(2)
The information mentioned in sub-paragraph (1) is—
(a)
the state of the CO2 when it is injected at a storage site;
(b)
the age of the targeted storage formation in a storage site and storage complex;
(c)
type of rock of the targeted storage formation in a storage site and storage complex;
(d)
the age of the primary top seal in a storage site and storage complex;
(e)
type of rock of the primary top seal in a storage site and storage complex;
(f)
store type in a storage site;
(g)
the bounding polygon of a storage site or storage complex;
(h)
whether the carbon storage licence for a storage site and storage complex is in—
(i)
the initial or appraisal term,
(ii)
the operational term, or
(iii)
the post-closure period;
(i)
the date or dates on which CO2 is injected at a storage site;
(j)
the date on which a storage site is closed.
(3)
In this paragraph—
“appraisal term” has the meaning given for the purposes of regulation 3(2)(a) of the 2010 Licensing Regulations;
“initial term” has the meaning given for the purposes of regulation 4 of the 2010 Licensing Regulations;
“operational term”, in relation to a storage site and storage complex, means the period—
(a)
beginning immediately after the appraisal or initial term (as the case may be), and
(b)
ending immediately before the first day of the post-closure period;
“post-closure period”, in relation to a storage site, means the period—
(a)
beginning with the date on which the storage site is closed, and
(b)
ending at the end of the day on which the carbon storage licence for the storage site terminates.
Summary relevant installation information
4.
(1)
The summary relevant installation information is any information specified in sub-paragraph (2) which is protected carbon storage information.
(2)
The information mentioned in sub-paragraph (1) is—
(a)
the name of a relevant installation;
(b)
the identification number of a relevant installation;
(c)
the type of a relevant installation;
(d)
the name of the operator of a relevant installation;
(e)
the name of the owner of a relevant installation;
(f)
a description of a relevant installation;
(g)
information on a relevant installation’s connections to pipelines and cables;
(h)
the carbon storage licence under which a relevant installation is operated;
(i)
the storage site or sites to which a relevant installation is connected;
(j)
the location of a relevant installation;
(k)
the operational status of a relevant installation.
(3)
The information specified in sub-paragraph (2) includes information about a planned relevant installation.
The Schedule elaborates on the summary information types listed in Regulation 5.
Paragraph 1 details 'Summary survey information,' which includes the survey name, responsible person, start/finish dates, survey type (geophysical/geological), data acquisition method, and the geographic coordinates of the surveyed area.
Paragraph 2 details 'Summary well information,' covering drilling start date, well connections, total depth, datum information, well status, rock strata encountered (name, age, thickness, type), fluid encounters, and basic test results.
Paragraph 3 details 'Summary storage site and storage complex information,' including injection state, age/type of storage formation and top seal, store type, bounding polygon, licence term (initial, operational, post-closure), injection dates, and site closure date.
It also defines terms related to licence terms based on the 2010 Licensing Regulations.
Paragraph 4 details 'Summary relevant installation information,' including the installation name, ID, type, operator/owner, description, pipeline/cable connections, operating licence, connected sites, location, and operational status.
This also covers planned installations.
Explanatory Note
(This note is not part of the Regulations)
These Regulations specify when certain carbon storage information and samples obtained by the Oil and Gas Authority (“the OGA”) under section 112 of the Energy Act 2023 (c. 52) (“the 2023 Act”) may be disclosed, and amend regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 (S.I. 2018/898).
Parts 2, 3 and 4 of these Regulations relate to carbon storage information and samples. Under section 112 of the 2023 Act, the OGA may require a carbon storage licensee to provide it with carbon storage information or a portion of a carbon storage sample, and may also require the provision of information and samples held by a person in accordance with an information and samples plan. “Carbon storage licensee”, “carbon storage information” and “carbon storage samples” are defined in section 107 of that Act. The meaning of “information and samples plan” is set out in section 109 of that Act. Under section 113 of the 2023 Act, material obtained under section 112 may not be disclosed except in accordance with section 114 or Schedule 7. Parts 3 and 4 of these Regulations permit the disclosure of various kinds of material obtained under section 112 after specified time periods.
Part 2 and the Schedule relate to information which may be published immediately after the date on which it is obtained by the OGA. Part 3 relates to information which may not be published immediately after the date on which it is obtained by the OGA. Part 4 relates to samples.
In relation to Parts 2, 3 and 4 of these Regulations, the Secretary of State is satisfied that consultation in accordance with paragraph 4(3) of Schedule 7 to the 2023 Act was not required having regard to the consultation carried out by the Oil and Gas Authority in relation to the time that should be specified in Regulations made under paragraph 4(1) of that Schedule. Details of the consultation can be accessed at this website: https://www.nstauthority.co.uk/news-publications/consultation-on-proposed-regulations-for-the-disclosure-of-carbon-storage-information-and-samples/.
Part 5 of these Regulations amends regulation 9 of the Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 so that information to which that regulation applies may be disclosed after the end of the period of 2 years beginning with the reporting deadline. “The reporting deadline” is when that information is required to be provided to the Oil and Gas Authority by the licensee in accordance with a notice given by the Authority under section 34 of the Energy Act 2016 (c. 20) (“the 2016 Act”).
In relation to Part 5 of these Regulations, the Secretary of State is satisfied that consultation in accordance with section 66(3) of the 2016 Act was not required having regard to the consultation carried out by the Oil and Gas Authority in relation to the time that should be specified in Regulations under section 66(1) of that Act. Details of the consultation can be accessed at this website: https://www.nstauthority.co.uk/news-publications/consultation-on-proposals-on-nsta-fees-and-data-confidentiality-periods/.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies the purpose and scope of the Regulations, noting they specify disclosure periods for protected material obtained by the OGA under Section 112 of the Energy Act 2023, and amend a 2018 regulation concerning offshore petroleum data.
Parts 2, 3, and 4 govern carbon storage information and samples, which the OGA acquires from licensees.
Disclosure is restricted under Section 113 of the 2023 Act unless permitted by the Regulations.
Part 2 allows immediate publication of summary information, while Parts 3 and 4 set delayed periods for detailed information and samples.
The note confirms that the Secretary of State deemed further consultation unnecessary for Parts 2, 3, and 4, based on prior consultation by the OGA regarding disclosure times under the 2023 Act.
Part 5 amends the 2018 Regulations, changing the trigger point for disclosure of protected petroleum material from the date of information receipt by the OGA to the 'reporting deadline' specified by the OGA under the 2016 Act.
For Part 5, the Secretary of State also deemed further consultation unnecessary under the 2016 Act, citing prior OGA consultation.
A full impact assessment was not considered necessary as significant impacts on sectors were not foreseen.
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