The Energy Act 2008 ("Energy Act")
established a legislative basis in the UK for permitting the
offshore storage of carbon dioxide. On 25 September 2009, the
Department of Energy and Climate Change
("DECC") issued a consultation document
setting out proposals for an appropriate licensing system, together
with draft licensing regulations, which also implemented much of
the Carbon Capture and Storage Directive (2009/31/EC)
("CCS Directive"). The resulting
legislation was The Storage of Carbon Dioxide (Licensing etc.)
Regulations 2010 ("2010 Regulations"),
which came into force in October 2010.
The 2010 Regulations establish a licensing regime for offshore
carbon capture storage activities within the territorial sea and
the gas importation and storage zones. Scotland has adopted a
separate licensing framework for carbon capture storage operations
undertaken in its territorial waters. The 2010 Regulations
partially fulfil the UK's obligation to transpose the
