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The Infrastructure Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and this has had an effect on a couple of key areas connected with fracking.
Remember the age old law that to avoid a claim for trespass, permission from the landowner was needed before accessing the land? Well, that is no more when dealing with access to land at depths greater than 300m, thanks to sections 43 – 48 of the IA 2015. These sections set out new rights of use for the purposes of exploiting petroleum or deep geothermal energy at deep level, without the need to notify the landowner (unless further regulations are made in this regard). This will be welcome news for fracking operators who will now no longer have to wrangle with adverse landowners and protracted statutory controls for gaining consent to access.
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Simone is an environmental law specialist and is head of LexisPSL Environment.
Simone moved to LexisNexis from Clyde & Co where she trained. Whilst at Clyde & Co Simone gained experience in contentious work, including large scale arbitrations, private claims and regulatory breaches, and a variety of non-contentious issues. Some of her experience includes the EU Emissions Trading System, the domestic Carbon Reduction Commitment Energy Efficiency Scheme, environmental due diligence, Energy Performance Certificates, permitting requirements and contaminated land.
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