The Renewable Heat Incentive Scheme Regulations 2018

Preliminary registration of biomethane producers E+W+S

34.—(1) The Authority may grant preliminary registration to a person who—

(a) proposes to produce biomethane for injection; and

(b) has not yet started production.

(2) The Authority must not grant preliminary registration to any plant under this regulation unless evidence has been provided from the relevant planning authority that—

(a) any necessary planning permission has been granted in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected; or

(b) planning permission is not required.

(3) An application for preliminary registration must be in writing and supported by such of the information specified in Schedule 2 as the Authority may require and declarations as to—

(a) the date on which the applicant expects that injection will commence;

(b) the volume in cubic metres of biomethane which the applicant expects to produce for injection each year once injection has commenced; and

(c) the expected maximum initial capacity.

(4) Where the Authority considers that further information is necessary for the purpose of determining an application for preliminary registration, it may by notice—

(a) specify further information which the applicant is required to provide;

(b) specify a period of no less than four weeks starting with the date of the notice within which that information must be provided; and

(c) inform the applicant that failure to provide the requested information within that period may result in the application being rejected.

(5) The Authority may by notice extend the period specified in a notice under paragraph (4)(b) where it is satisfied that it is reasonable to do so.

(6) The Authority may refuse to grant preliminary registration if, within the period specified under paragraph (4)(b) or, where applicable, (5), the applicant has failed to provide the information specified in a notice given under paragraph (4).

(7) The Authority may attach such conditions as it considers appropriate in granting preliminary registration under this regulation.

(8) The Authority must not grant preliminary registration unless it is satisfied that a connection agreement in relation to the proposed production of biomethane has been entered into.

(9) Where a person has been granted preliminary registration (and such preliminary registration has not been withdrawn) and an application for registration is made under this Part [F1 before Scheme closure], the Authority must, subject to regulations 31 and 32(4) [F2 , (4A),] and (11) to (14), grant that application unless it is satisfied that—

(a) there has been a material change in circumstances since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused;

(b) any condition attached to the preliminary registration has not been complied with;

(c) the information on which the decision to grant the preliminary registration was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary registration was made, it would have been refused;

(d) there has been a change in applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.

(10) Where any of the circumstances mentioned in paragraph (11) apply in relation to the preliminary registration which the Authority has granted, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

(a) withdraw the preliminary registration;

(b) amend the conditions attached to the preliminary registration;

(c) attach conditions to the preliminary registration.

(11) The circumstances referred to in paragraph (10) are as follows—

(a) in the Authority's view there has been a material change in circumstances since the preliminary registration was granted;

(b) any condition attached to the preliminary registration has not been complied with;

(c) the Authority considers that the information on which the decision to grant the preliminary registration was based was incorrect in a material particular;

(d) there has been a change in the applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.

(12) The Authority must send the applicant a notice setting out—

(a) its decision on an application for preliminary registration or on the withdrawal of any preliminary registration;

(b) any condition attached to the preliminary registration or any amendment to those conditions,

specifying the date on which the granting or withdrawal of preliminary registration is to take effect and, where applicable, the date on which any conditions (or amendments to those conditions) attached to the preliminary registration are to take effect.

Textual Amendments

F1 Words in reg. 34(9) inserted (1.3.2021) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 (S.I. 2021/76), regs. 1(2)(b)(v), 16

F2 Word in reg. 34(9) inserted (20.6.2018) by The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/635), regs. 1(2), 15