Westminster wants to give firms the right to drill at depths of almost 1,000 feet under private land. But Scottish ministers have hit out at the proposals, demanding devolved powers on fracking for Holyrood.
The Coalition plans to press on with the plans despite overwhelming public opposition.
The proposals mean companies seeking to develop shale gas and oil would still need planning permission. But if passed, the legislation would remove the issue of trespass at depths of 984 feet or more.
Under the proposals, people living above a horizontal well extending more than 200 metres would receive a payment of £20,000.
Energy Minister Fergus Ewing insisted that a decision on whether such a law is acceptable to Scots should be decided in the Scottish Parliament.
He said: “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.
There is only one way that the people of Scotland can determine the approach in Scotland, including beneath their homes and land.
Energy Minister Fergus Ewing
“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.”
The UK Government responded to concerns raised in the public consultation by saying: “Having carefully considered the consultation responses, we believe that the proposed policy remains the right approach to underground access and that no issues have been identified that would mean that our overall policy approach is not the best available solution.
“We will therefore put before Parliament primary legislation to implement the policy proposals set out in the consultation paper. Parliament’s scrutiny of the provisions will provide further opportunities for public engagement on the issues.”
Fracking controversially involves pumping water, sand and chemicals into rocks at high pressure to extract gas. Environmental groups have warned of water contamination, air pollution and damage to the countryside. But supporters say it could bring down bills for families, as it has in the US.
The British Geological Survey estimates that there are 80trillion cubic feet of shale gas and six billion barrels of shale oil under Scotland.
That is considerably lower than the 1,300 trillion cubic feet in the north of England and 4.4 billion barrels in the south.