34.—(1) Where a UK administered operator (“A”) has made an application under [F1regulation 32, 32A or 32B,] the regulator must, by the notice of determination of the application—
(a)issue to A a plan setting out how A's aviation emissions must be monitored; or
(b)where paragraph (2) applies, refuse the application.
(2) This paragraph applies where—
(a)the regulator is not satisfied that the plan proposed in the application complies with the Monitoring and Reporting Regulation; and
(b)A has not agreed to amendments of the plan that so satisfy the regulator.
(3) A plan issued under paragraph (1)(a) must contain—
(a)the provisions of the plan as proposed in the application, or with amendments as mentioned in paragraph (2)(b); and
(b)any conditions included pursuant to regulation 36(1).
(4) Where the application is refused—
(a)the regulator must state in the notice under paragraph (1)(b) what changes must be made to the application if a plan is to be issued; and
(b)A must (or, in the case of an application under regulation 32(5), may) resubmit the amended application within the period of 31 days beginning with the date of service of that notice.
(5) This regulation applies to the resubmission of an application as it applies to the original application, but for that purpose the references to the period of two months in paragraph 2(1)(a) and (2)(b) of Schedule 3 are to be read as a reference to a period of 24 days.
Textual Amendments
F1Words in reg. 34(1) substituted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 9