If you've been trying to follow the fracking debate recently you might be a bit confused about what has and has not been decided.
So, in the interest of providing clarity, here are some thoughts courtesy of Richard Benwell in our parliamentary affairs team who has been tracking the fracking elements of the Infrastructure Bill as it passes through the Houses of Parliament...
The Infrastructure Act 2015 received Royal Assent yesterday: a complete exclusion on developments for fracking IN protected areas is now law.
The precise list of protected areas will be defined in secondary regulations by 31 July, but we expect it to include National Parks, the Broads, AONBS and SSSIs. This is good news and huge thanks to Julian Huppert MP, Sir John Randall MP, Norman Baker MP and Tom Greatrex MP for championing this in the House of Commons and to Lady Young in the House of Lords.
However, an earlier decision to ban fracking "within and under" protected areas was overturned last week. As Martin mentioned in a previous blog (see here), the sensitivity and special features of many SSSIs are more than skin deep and ecosystems like chalk streams, for example, could be particularly vulnerable to impacts such as water abstraction and pollution. Other SSSIs could be affected by infrastructure built around them, with a view to fracking underneath the SSSI. For example, we know that significant populations of pink-footed geese rely on habitats around protected areas, as well as the SSSIs themselves.
But the story isn't over yet. The House will decide about fracking UNDER protected areas in those secondary regulations, due in July. The Minister, Amber Rudd MP, acknowledged the risks of fracking under some protected areas like the Broads. She said National Parks are probably too big for a complete underground exclusion but didn't mention SSSIs. She said:
"There is a strong case that sites such as World Heritage sites and the Norfolk Broads should be protected from fracking taking place under them. In other cases, that would not be so sensible. For example, in the case of areas of outstanding natural beauty and national parks, given their size and dispersion, it might not be practical to guarantee that fracking will not take place under them in all cases without unduly constraining the industry. However, that is something we need to consider in more detail, and we will do that in due course".
I hope this helps!
We shall, obviously, be watching this closely to ensure frack-free zones are established in law.