Question to the Department for Energy Security & Net Zero:
To ask the Secretary of State for Energy Security and Net Zero, what steps she is taking to a) improve guidance for the decommissioning of energy infrastructure projects and b) ensure that local authorities are not liable for the cost of associated decommissioning.
Responsibility for decommissioning on land is set out in the relevant planning permissions. For nationally significant energy infrastructure decisions taken by the Department, the relevant National Policy Statements set out the position on decommissioning, which is reflected in the Secretary of State's Decision Letters. For cases determined by local planning authorities, the position on decommissioning is set out in the National Planning Policy Framework.
Separate legal regimes and international obligations apply to the decommissioning of marine energy infrastructure, including oil and gas and renewables.
Under the Energy Act 2004 and as set out in published Guidance, those responsible for constructing offshore renewable energy installations (OREIs) are responsible for decommissioning the installation and paying for the cost of decommissioning.
For decommissioning of offshore oil and gas installations and pipelines, there is published guidance on the regulatory requirements in accordance with international obligations and those set out in the Petroleum Act. Following a consultation in 2025 on policy proposals, updated guidance notes will be published.
For the decommissioning of the UK’s legacy offshore oil and gas infrastructure (‘derogations’), a consultation is currently being held on a revised methodology on how they should be considered. Once finalised, the current decision-making hiatus for decommissioning these installations will be lifted.
There is separate financial assurance guidance which sets out the steps government takes to ensure that the taxpayer is not exposed to undue risk from companies' defaulting on their decommissioning obligations.