Accessing Scotland's geothermal resource: regulatory guidance

Permission to access land and property

In Scotland, anyone wishing to carry out geothermal drilling operations may have to pass through land belonging to a number of owners. To pass through the land, they must obtain the landowner’s permission to do so. Operators must negotiate these rights of access with every owner of the site, or sites, of proposed underground drilling.

Those wishing to gain access to abandoned coal mine workings for the purpose of extracting heat from mine water require the permission of the owner of the coal mine workings in addition to any other permissions required. In most cases, the owner will be the CA.

To develop and operate a scheme, a Permit to Drill for the purpose of a Mine Water Heat Scheme and a Mine Water Heat Access Agreement are required. Under a Permit to Drill, prospective operators can drill boreholes to establish a connection to the mine water, following which an Access Agreement is required for the longer term occupation of the coal mine workings to develop, and operate, a scheme. An Access Agreement has two phases to it:

• the Exploratory Phase where testing and development is completed to establish if a scheme is viable - this phase of the Agreement is for a period of 12 months
• the Production Phase which provides longer term access to CA infrastructure to enable a scheme to operate

An application for a Mine Water Heat Access Agreement may be made to the CA at any time. The CA will consider the implications on existing, and future, coal mining and the potential for coal bed methane exploitation. The CA will also review technical submissions from the potential operator in relation to the risks associated with gas, ground stability, water levels and water chemistry so that appropriate monitoring and controls can be agreed and implemented.

All applications for new Mine Water Heat schemes will be publicised by the CA on its website and in an industry wide newsletter, so that other coal mining operators are given an opportunity to express any interests in the area concerned.

In most circumstances, a period of 30 days from the publication of an application will be allowed for an expression of interest and a further 30 days for the submission of alternative applications. The applicant will be kept fully informed of any expressions of interest received. Where no expressions of interest are received, the CA will consider the Mine Water Heat application as soon as is reasonably practicable. If an application is refused, the applicant will be contacted in writing by the CA with a statement outlining the reasons for refusal. The applicant can then request, in writing, within 28 days of receiving the statement, a review of the refusal.

Interaction comprises, broadly, the effects on one operation of another operation entering the coal. Those effects include the flows of water and effects on the structural integrity of workings, seams and surface. An Interaction Agreement provides a framework to facilitate arrangements between relevant parties. An applicant who has not already done so will be required to become a party to any relevant interaction agreement before being granted a Mine Water Heat Access Agreement.