The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Carrying out a regulated activity contrary to regulation 9U.K.

This adran has no associated Memorandwm Esboniadol

52.—(1) Where in any scheme year a regulated activity is carried out that is not authorised by a permit, contrary to regulation 9, the operator of the installation (“P”) is at the end of that year liable to the civil penalty in paragraph (2).

(2) [F1Subject to paragraph (3), for each] such year, the civil penalty is A + (B � C), where—

  • A is the estimated amount of the costs avoided by P in that year as a result of carrying out a regulated activity without such authorisation;

  • B is the estimated amount of reportable emissions from the installation in the period during which a regulated activity was carried out without such authorisation;

  • C is the carbon price for that year.

[F2(3) In imposing the penalty under paragraph (2), the regulator may increase the amount determined under that paragraph by a percentage designed to ensure that the penalty exceeds the amount of any economic benefit that P has obtained as result of the failure to comply with regulation 9.]

(4) The authority must exercise powers under section 40 of the Environment Act 1995 [F3, article 11 of the NRBW Order] or regulation 37 of the Northern Ireland Regulations to give the regulator directions as to—

(a)the estimation by the regulator of A and B in paragraph (2); and

(b)the exercise of the regulator's powers [F4under] paragraph (3).

Textual Amendments