Labour shadow energy minister Tom Greatrex is calling for mineral access rights to be devolved to Scotland.
He has made a submission to the Smith Commission on more powers for the Scottish Parliament saying it would go hand-in-hand with current ministerial powers over fracking and would help clarify a “confusing situation”.
The MP for Rutherglen and Hamilton West said while some at Holyrood would like to pretend that the Scottish Government is powerless to act over fracking, the trust was that nothing can happen north of the border without the approval of ministers in Edinburgh.
“Their control over the planning and permitting regime gives the SNP ultimate responsibility for shale gas extraction in Scotland,” he said.
“In the context of devolved planning and permitting regimes, it makes sense for mineral access rights, which are essentially a secondary aspect of the planning process, should be devolved as well.”
Mr Greatrex said while coal mining or the laying of gas, water or sewer pipes under grown does not require permission of the land owner, the extraction of geothermal heat, gas or oil does.
And while the courts in England found this was no detriment to trespass, Scotland does not have the same trespass laws, he said.
“I am calling for the necessary changes to the mineral access law to be considered for devolution to Holyrood so there is coherence with the other aspects of the planning and regulatory regime for which the Scottish Government already has responsibility,” he said.
“This will bring some coherence and clarity to a confusing situation – the public must have a clear sense of where responsibility for these decisions in Scotland lie.”