The Renewable Heat Incentive Scheme Regulations 2018

Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc E+W+S

49.—(1) This regulation applies to a participant who—

(a) generates heat or heat and power from solid biomass or biogas in an accredited RHI installation; or

(b) produces biomethane for injection.

(2) A participant to whom this regulation applies must—

(a) in relation to each consignment of solid biomass used to generate heat (but not heat and power), provide the Authority with a declaration in accordance with paragraph (3);

(b) in relation to each consignment of solid biomass (except solid biomass to which regulation 48(3)(a) or (b) applies) or biogas used or biomethane produced, provide the Authority with a declaration in accordance with paragraphs (4) and (5);

(c) provide the information specified in paragraph (7).

(3) In respect of solid biomass used to generate heat (but not heat and power) a declaration must state—

(a) whether or not that solid biomass was—

(i) an approved sustainable fuel; or

(ii) a fuel in respect of which the Secretary of State has made a declaration under regulation 51(5); and

(b) where sub-paragraph (a)(i) or (ii) applies, the authorisation number or other means of identification allocated to that fuel by the scheme under which that fuel was listed.

(4) A declaration must state whether or not—

(a) solid biomass used was waste or wholly derived from waste;

(b) biogas used or biomethane produced was made from feedstock which was waste;

(c) solid biomass or biogas used or biomethane produced met the greenhouse gas criteria;

(d) solid biomass used met the land criteria; F1 ...

[F2 (da) on or after 1st April 2022, solid biomass used met the fuel quality criteria; or]

(e) biogas used or biomethane produced was made from feedstock which was solid biomass which met the land criteria.

(5) Where a participant declares in accordance with paragraph (4)(c) that solid biomass, biogas or biomethane met the greenhouse gas criteria, the declaration must specify the lifecycle greenhouse gas emissions for that solid biomass, biogas or biomethane calculated in accordance with paragraph 2 of Schedule 3.

(6) Except where the Authority specifies otherwise, participants must provide declarations and information in accordance with this regulation in respect of the solid biomass or biogas used or biomethane produced in every quarterly period, within 28 days of the end of each such period.

(7) Where in a quarterly period a participant—

(a) uses solid biomass (except solid biomass to which regulation 48(3)(a) or (b) applies) to generate heat or heat and power in an accredited RHI installation with an installation capacity of 1MWth or above; or

(b) produces biomethane for injection,

the participant must provide the information in Schedule 5 in relation to that solid biomass.

(8) In addition to the declarations in accordance with paragraphs (3) to (5) and information in accordance with paragraph (7), the Authority may from time to time require such further declarations or information from a participant in relation to sustainable solid biomass, biogas or biomethane as it thinks fit.

Textual Amendments

F1 Word in reg. 49(4)(d) omitted (1.4.2022) by virtue of The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 (S.I. 2021/76), regs. 1(3)(a), 20(a)

F2 Reg. 49(4)(da) inserted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 (S.I. 2021/76), regs. 1(3)(a), 20(b)