The Renewables Obligation (Scotland) Order 2009

[F1 Land criteria

3.— [F2 (1) Fuel meets the land criteria if—

(a) in the case of bioliquid, the biomaterial from which the fuel was made was—

(i) waste;

(ii) residue (other than residue from agriculture, aquaculture, fisheries or forestry); or

(iii) obtained from a permitted source;

(b) in all other cases, the biomaterial from which the fuel was made was—

(i) waste;

(ii) residue (other than residue from agriculture, aquaculture, fisheries or forestry);

(iii) obtained from a permitted source;

(iv) energy crops in respect of which financial assistance was paid under the Energy Crops Regulations 2000, or under an equivalent financial assistance scheme, or

(v) added to the fuel for an exempt purpose.]

(2) Biomaterial is obtained from a permitted source unless it is obtained from—

(a) land which at any time during or after January 2008 was primary forest;

(b) except where sub-paragraph (3) applies to the biomaterial, land which at any time during or after January 2008 was designated for nature protection purposes;

(c) except where sub-paragraph (4) applies to the biomaterial, land which at any time during January 2008 was peatland;

(d) a former continuously forested area;

(e) except where sub-paragraph (5) or (7) applies to the biomaterial, a former lightly forested area; or

(f) a former wetland area.

(3) This sub-paragraph applies to biomaterial obtained from land which at any time during or after January 2008 was designated for nature protection purposes if the production of that biomaterial did not interfere with the nature protection purposes for which the land was designated.

(4) This sub-paragraph applies to biomaterial obtained from land which at any time during January 2008 was peatland if the cultivation and harvesting of that biomaterial did not involve the drainage of previously undrained soil.

(5) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was not a bioliquid; and

(b) the greenhouse gas emissions from the use of the fuel to generate one mega joule of electricity did not exceed 79.2 grams.

(6) For the purposes of sub-paragraph (5)(b), the greenhouse gas emissions must be calculated using the method set out in Schedule 3A.

(7) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was a bioliquid; and

(b) the greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.

(8) For the purposes of sub-paragraph (7)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the actual value method.

[F3 (8A) For the purposes of sub-paragraph (1)(b)(v), biomaterial is added to a fuel for an exempt purpose if—

(a) it is added to the fuel—

(i) to act as a binding agent, or

(ii) to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel; and

(b) it does not exceed 2% by weight of the fuel.]

(9) In this paragraph, “actual value method”, “greenhouse gas emissions from the use of fossil fuel” and “relevant percentage” have the same meaning as in Schedule A1.]

Textual Amendments

F1 Schs. A1, A2 inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 16 (with art. 19)

F2 Sch. A2 para. 3(1) substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 25(2) (with art. 27)

F3 Sch. A2 para. 3(8A) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 25(3) (with art. 27)