The Renewables Obligation (Amendment) Order (Northern Ireland) 2014

Amendments to Article 46 of the 2009 Order (information to be provided to the Authority where electricity is generated from biomass)

3.—(1) Article 46 of the 2009 Order(1) is amended as follows.

(2) In paragraph (1)(a), for “waste, biomass wholly derived from waste” substitute “municipal waste”.

(3) For paragraphs (2) and (3) substitute—

“(2) In relation to each consignment of biomass (other than landfill gas, sewage gas or municipal waste) used in a generating station to which this Article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—

(a) the information specified in paragraph (3),

(b) other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—

(i) excreta produced by animals, or

(ii) waste,

the information specified in paragraph (3ZA), and

(c) other than in the case of biomass which was—

(i) bioliquid,

(ii) excreta produced by animals,

(iii) waste, or

(iv) wholly derived from waste,

the information specified in paragraph (3ZB).

(3) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) the material from which the biomass was composed;

(b) where the biomass was solid and can take different forms, the form of the biomass;

(c) whether the biomass was waste or wholly derived from waste;

(d) whether the biomass was excreta produced by animals;

(e) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and

(f) where the information specified in sub-paragraph (e) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.

(3ZA) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) where the biomass was solid, its mass (in tonnes);

(b) where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;

(c) where the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals;

(d) where the biomass was an energy crop and was not a bioliquid—

(i) the type of energy crop in question, and

(ii) the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; and

(e) where the biomass was wood or derived from wood and was not waste or bioliquid—

(i) the name of the forest or other location where that wood was grown;

(ii) a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;

(iii) the species of wood in question; and

(iv) the proportion of the biomass (if any) that was composed of, or derived from, saw logs.

(3ZB) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;

(b) where the biomass was wood or derived from wood—

(i) whether the biomass meets the timber standard or an equivalent standard, and

(ii) where the biomass does not meet the timber standard or an equivalent standard, the main reasons why biomass meeting the timber standard or an equivalent standard was not used;

(c) where the biomass was not wood or derived from wood—

(i) whether the biomass meets the land criteria; and

(ii) where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used;

(d) where—

(i) the biomass was used in a post-2013 dedicated biomass station, and

(ii) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 66.7 grams,

the main reason why biomass with lower greenhouse gas emissions was not used;

(e) where—

(i) the biomass was used in a generating station other than a post-2013 dedicated biomass station, and

(ii) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 79.2 grams,

the main reasons why biomass was lower greenhouse gas emissions was not used; and

(f) where the biomass was wood or derived from wood and any of the information specified in sub-paragraphs (a) and (b)(i) is not known or where the biomass was not wood or derived from wood and any of the information specified in sub-paragraphs (a) and (c)(i) is not known—

(i) the main reasons why that information is not known, and

(ii) the main reasons why biomass for which that information is known was not used.”.

(4) In paragraph (3A), for “paragraph (3)(1)” substitute “paragraph (3ZB)(a)”.

(5) In paragraph (3B), before sub-paragraph (a) insert—

“(za) the biomass was used in a generating station with a total installed capacity of less than 1 megawatt;”.

(6) For paragraph (4) substitute—

“(4) Where, in relation to biomass used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the information is provided.”.

(7) In paragraph (5), for “specified in paragraph (3)” substitute “required by paragraph (2)”.

(8) In paragraph (6)—

(a) after the definition of “default value method” omit “and”; and

(b) for the definition of “environmental quality assurance scheme” substitute—

““post-2013 dedicated biomass station” means a generating station which—

(a)

was not accredited on or before 31st March 2013, and

(b)

has, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2;

“saw logs” means wood which formed part of the trunk of a tree which grew for at least 10 years;

“timber standard” means the Timber Standard for Heat & Electricity: woodfuel used under the Renewable Heat Incentive and Renewables Obligation published by the Department of Energy and Climate Change in February 2014(2); and

“waste” does not include excreta produced by animals.”.

(1)

Article 46 was amended by Article 14 of S.R. 2010 No. 134, Article 12 of S.R. 2011 No. 169 and Articles 26 and 26A of S.R. 2013 No. 116.

(2)

Copies can be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW and are available at https//www.gov.uk/government/publications