This ruling will allow companies to drill below people's land and homes without first negotiating a right of access. It is understood this will extend households in Scotland, despite a unanimous decision from respondents that they objected to the proposals.
The Department for Energy and Climate Change (DECC) ran a consultation earlier this year, from 23 May to 15 August, and asked respondents whether the government should allow legislation for underground access to gas, oil and geothermal developers below 300m.
Of the 40,647 people who responded, more than 99% opposed the idea.
Fergus Ewing, Scotland's Energy Minister, has criticised the proposals and called for the issue to be devolved to Scotland as part of the current devolution process.
In a statement, he said: "The UK Government's failure to listen to our concerns is of great worry. That they have also failed to listen to 99 per cent of respondents to their own consultation just emphasises their 'gung-ho' approach to the whole issue of fracking.
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"We strongly believe that decisions on oil and gas drilling should be made by the people who live in Scotland, through the Parliament and Government they elected.
"UK Government proposals to remove the right of Scottish householders to object to drilling under their homes, without so much as debate in the Scottish Parliament, flies in the face of Scotland's cautious, considered and evidence based approach on this issue. It is also fundamentally an issue affecting land ownership rights."
He continued: "Whatever your view on the issue of unconventional oil and gas – and it is clear that there are both opportunities and concerns – there is only one way that the people of Scotland can determine the approach in Scotland – including beneath their homes and land.
"That is with the devolution of the necessary powers to Scotland and the current devolution process for the 'extensive new powers' promised in the vow should include these powers.
"Unconventional oil & gas developments should only ever happen under a robust regulatory regime, and the Scottish Government takes this issue particularly seriously.
"We are still to see precisely how DECC plan to implement the proposals in their consultation document and will review further when we see the clauses for inclusion in the Infrastructure Bill."
Hydraulic fracturing or 'fracking', involves pumping water, chemicals and sand at high pressure underground to fracture shale rock and release the gas trapped inside. The wells can be drilled horizontally, leading to exploration under land around a drilling site. The method is controversial.
(JP/CD)
