Exercise your democratic right to have your say! Please fill in the government consultation to stop underground trespass for fracking being permitted in the Infrastructure Bill. The permission for underground trespass for unconventional gas and oil exploration has not yet been added to the Infrastructure Bill. This is not yet a done deal. BUT, the DECC public consultation on this change to the law ends on 15 August. That’s less than 3 weeks from now! You have the right to say if you approve of this change in the law, or if you think it’s a very bad idea. And this is a really important consultation. We must all respond if possible. The current legal position The common law provides that, if you own land, you own it to the centre of the Earth.  It’s a civil offence to access/use someone's land without their permission (trespass), so it would therefore be a trespass for an oil/gas company to drill under the surface of land you own without your permission.  This principle was affirmed in a House of Lords case brought by Al Fayed.  He tried to make a claim for compensation after Star Energy started drilling for oil underneath his Surrey Estate (http://www.bbc.co.uk/news/uk-england-surrey-10791702).   Whilst he lost the claim for compensation for a share of the oil profits, the House of Lords ruled that his claim in trespass was lawful (for drilling under his land without his permission).  This means that - if the law isn't changed - then anyone who owns land can obtain an injunction from the Courts to prevent an oil company drilling under land they own, even if the oil company has planning permission and the relevant environmental permits.     Infrastructure Bill The Infrastructure Bill has been published though it does not yet include the provisions changing the trespass law.  Those provisions can be included when the Bill moves to the House of Commons for debate (it was introduced in the House of Lords and the Bill has already had its Second Reading on 18 June (which is really fast!)).   The Infrastructure Bill has since been debated, line by line, in Committee in the House of Lords. As the Bill doesn't yet include provisions about trespass, the important thing to do is respond to the separate but related consultation. Consultation on changes to the Trespass Law Here is the link to the consultation document: https://econsultation.decc.gov.uk/decc-policy/consultation-on-underground-drilling-access And a summary of the proposals: https://www.gov.uk/government/news/government-proposals-to-simplify-deep-underground-access-for-shale-gas-and-geothermal-industries The Government needs to consult with the public because, though it is the Government that has the public mandate to propose a change to the law, it is Parliament as a whole which decides whether or not to enact that proposal, and Parliament represents the People - us. The Government recognises how important getting this change in Trespass law is to their commitment to the fracking industry - its consultation says "If we did nothing to address this issue [i.e. change the law], the commercial exploitation of shale gas and oil in Great Britain is unlikely to develop to a significant scale, in a timely manner, or at all, and the deep geothermal industry is extremely unlikely to develop." If you feel the deep geothermal industry is a step in the right direction, argue for the trespass law only to apply to fracking! It is vital that we respond to and publicise the consultation document and start lobbying our MPS about the Infrastructure Bill and the Consultation document. Fill in the consultation and spread the word. If you are from West Sussex, a reminder that an anti-fracking petition is running until 25th August. 3000 signatures will force a debate at WSCC, 1000 more signatures needed....please share http://epetition.westsussex.public-i.tv/epetition_core/community/petition/2749