Today (13 May 2025), the Oil and Gas Authority (Carbon Storage) (Retention of Information and Samples) Regulations 2025 (the “Regulations”) came into force. The Regulations will apply to England and Wales, Scotland and Northern Ireland and will be operative by virtue of powers conferred on the Secretary of State under the Energy Act 2023 (the “2023 Act”).
In April 2023, we reported on the NSTA response to its consultation on information and sample related matters in carbon dioxide appraisal and storage and petroleum licences (link here) (the “2023 Consultation”). The 2023 Consultation in turn informed the scope and content of the Regulations.
What must be retained?
The Regulations provide for the retention of carbon storage information and carbon storage samples by licensees (i.e. holders of carbon storage licences granted by the NSTA).
Carbon storage information
The types of information which must be retained are split into six categories – survey information, well information, site information, injection and production information, monitoring information and installation information. Further details as to precisely what falls within the scope of each of these categories is provided in the Schedule to the Regulations.
Information falling within the scope of the Regulations is to be retained until a ‘relevant event’ occurs i.e. until the information is:
- provided to the NSTA in accordance with an NSTA notice;
- provided to the NSTA in accordance with any requirements ordained by or under regulation 8 of, and Schedule 2 to, The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 (the “CS Licensing Regulations 2010”) (which relates to terms to be included in storage permits); or
- included in the public register relating to licences, which is managed under section 29(1) of the Energy Act 2008.
The NSTA has indicated it intends to issue guidance in respect of the Regulations to provide context and examples of documents that will fall within the categories of information that the Regulations require is retained.
Carbon storage samples
Carbon storage samples comprise:
"(a) any portion of a relevant sample[i] which is not provided to the OGA in accordance with –
- an OGA notice, or
- any requirement included in a storage permit in accordance with regulation 8 of, and Schedule 2 to, the CS Licensing Regulations 2010, and
(b) if a drill cuttings sample or fluid sample exceeded the maximum quantity[ii] when acquired, any portion of the maximum quantity of the sample which is not provided to the OGA in accordance with such a notice or such a requirement”[iii]
[i] As per regulation 4(6)(a) of the Regulations, a relevant sample is a carbon storage sample acquired by, or on behalf of, a licensee (i) during the drilling of a well; or (ii) in the course of carrying out activities for one or more of the purposes specified in paragraph 2(3) of Schedule 2 to the CS Licensing Regulations 2010.
[ii] As per regulation 4(6)(d) of the Regulations, maximum quantity is (i) for a drill cutting sample, is 100 grammes; and (ii) for a fluid sample, is one litre.
[iii] Reg 4(1) of the Regulations.
a sample within either of these categories being referred to as a “licensee portion”.
Critically, the Regulations state that carbon storage samples must be retained for a period of six months after the date on which the licensee provides a disposal intention notice to the NSTA.
If a licensee portion is of a solid sample, the licensee may not provide the NSTA with a disposal intention notice in respect of that portion more than six months before the later of either:
- the last day of the post-completion period for the relevant well (i.e. 10 years following the day on which the essential work to make the well operative is completed), or
- the last day of the post-closure period for the well (which runs from the day on which the storage site locating the well closes to the day on which the carbon storage licence for such site terminates).
However, the Regulations go on to provide that where the post-closure day for the relevant well is later than the post completion day for such well, the licensee may, with the consent of the NSTA, provide the NSTA with a disposal intention notice on an earlier notification date in respect of a licensee portion of a solid sample acquired from that well. There are no equivalent provisions for other types of samples.
Excluded information and samples
The Regulations do not apply to any carbon storage information or samples at any time when an information and samples plan (pursuant to the section 109 of the Energy Act 2023) is in operation relevant to such information or samples, and/or the information or samples must be retained in line with regulation 8 of, and Schedule 2 to, the CS Licensing Regulations 2010.
Effect of the Regulations
The Regulations apply to existing carbon storage information and samples held immediately before the Regulations come into force, as well as those to be held in the future, with the requirements imposed by the Regulations intended to guarantee that important information is suitably conserved.
Benefits
The Regulations bring the carbon storage industry further in line with other areas of the offshore energy sector that are further developed, such as the oil and gas industry. This may be welcome to upstream oil and gas companies who are already familiar with the NSTA’s approach to retention of information and samples and who are also involved in carbon storage projects. Conservation of such data and samples should ensure the availability of data for future research in the carbon storage industry. This may be particularly significant as carbon storage is an emerging industry and further research is seen as critical to its development.
Drawbacks
The Regulations place a further layer of administrative responsibility on licensees by requiring them to report and retain certain categories of information and samples for specific periods of time, with the potential for both increased costs and increased risk of data being corrupted or lost. Licensees will need to ensure that they are live to these risks and put in place effective measures to combat them.
Future Regulations
In February 2024, we also reported on the NSTA “Consultation on proposed regulations for disclosure of carbon storage information and samples” (link here) (the “2024 Consultation”) which closed on 12 April 2024. This considered appropriate time frames for public disclosure by the NSTA of various categories of carbon storage information and samples, for example, a proposal of two years following reporting to the NSTA in relation to the disclosure of well information and well samples.
The response to the 2024 Consultation has yet to be published, however the 2023 Act provides for the making of regulations allowing for public disclosure of carbon storage information and samples (Schedule 7, paragraph 4), and (mirroring the approach for the offshore oil & gas industry) it is anticipated that provision will be made in due course to permit the NSTA to publicly disclose information and samples that have been retained and reported to it under the Regulations.
Link to the Regulations:
The Oil and Gas Authority (Carbon Storage) (Retention of Information and Samples) Regulations 2025
Sources:
UK Oil and Gas Authority Carbon Storage Regulations 2025 | Legislation Tracker
Energy Security Bill factsheet: Retention, reporting and disclosure of carbon dioxide storage information and samples (added 9 May 2023) - GOV.UK
Consultation on proposed regulations for disclosure of carbon storage information and samples
NSTA Consultation on Carbon Storage Data
North Sea Transition Authority – Carbon storage data powers consultation response
Consultation response on proposals on new carbon storage data powers
Consultation on information and sample related matters in Carbon Dioxide Appraisal and Storage and Petroleum Licences
The Oil and Gas Authority (Carbon Storage) (Retention of Information and Samples) Regulations 2025
Explanatory Memo - The Oil and Gas Authority (Carbon Storage) (Retention of Information and Samples) Regulations 2025
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