Home Resources Legal Updates April 2016

Areas Protected from Fracking

28 April 2016

What is the new legislation:
Onshore Hydraulic Fracturing (Protected Areas) Regulations SI 2016/384
What is the amended legislation: New legislation
Who does this affect: England and Wales
When does this change take place: 6th April 2016
The Secretary of State cannot issue a consent for hydraulic fracturing, known as fracking, unless certain conditions are met. Two of those conditions are that the hydraulic fracturing cannot take place within a protected groundwater source area or an "Other protected area".
A protected groundwater source area is any land at a depth of 1,200 metres beneath any land at the surface that is within:

  • 50 metres of a point at which water is abstracted from underground strata and is used to supply water for domestic or food production purposes; or
  • or above a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes.

"Other protected areas" are lands at a depth of less than 1,200 metres beneath:

  • a National Park;
  • the Broads;
  • an area of outstanding natural beauty; or
  • a World Heritage site.

The full text of the Regulations may be found here.
Source: http://www.legislation.gov.uk