Trespass law changed to allow fracking under private property

Shale gas and geothermal energy companies are now allowed to drill under private property, following an amendment to the UK's trespass legislation.

Prior to the change companies would require permission from landowners if hoping to drill under their property to access shale gas or geothermal energy reserves.

This could result in shale projects being “significantly delayed by a single landowner“, the Department of Energy and Climate Change (Decc) explained, adding that the new laws “remove the barriers” to developing the sector.

The new legislation, which was proposed in May, will allow oil, gas, and geothermal companies to use underground land to exploit the energy resources, but only below a depth of 300m.

Decc has pressed ahead with introducing this new legislation as part of the Infrastructure Bill despite the fact the 99 per cent of respondents to its consultation opposed the plans.

“Having carefully considered the consultation responses, we believe that the proposed policy remains the right approach to underground access and that no issues have been identified that would mean that our overall policy approach is not the best available solution,” Decc said.

Energy minister Matthew Hancock added: “These new rules will help Britain to explore the great potential of our national shale gas and geothermal resources, as we work towards a greener future – and open up thousands of new jobs in doing so.”

Ken Cronin, chief executive of UK Onshore Oil and Gas, added: “The amendments to the bill will give automatic access rights to underground land below 300 metres, bringing it in line with other essential services such as water, sewage and coal.”

The companies will still have to obtain other relevant permissions for their drilling operations, such as planning and environmental permits.