PART 9 Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances

46 Information to be provided to the Authority where electricity is generated from biomass
1 This Article applies to a generating station—
(a) which generates electricity (wholly or partly) from biomass (other than landfill gas or sewage gas) , and
Art. 46(1)(a) text amended (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), art. 14
(b) which is not a microgenerator.
2 In relation to each consignment of biomass used in a generating station to which this Article applies, the operator of the station must by the 31st May immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with the information specified in paragraph (3).
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 (for example, whether it was composed of wood);
(b) where the biomass can take different forms (for example, wood can take a variety of forms, depending on whether and how it has been processed and what it is, is to be or has been used for), the form of the biomass;
(c) where the biomass was solid, its mass;
(d) where the biomass was fluid, its volume when measured at 25 degrees Celsius and 0.1 megapascals;
(e) whether the biomass was a by-product of a process;
(f) whether the biomass was waste;
(g) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown;
(h) where the information specified in sub-paragraph (g) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass;
(i) whether any of the consignment was an energy crop or derived from an energy crop and, if so—
(i) the proportion of the consignment which was or was derived from the energy crop, and
(ii) the type of energy crop in question;
(j) whether the biomass or any matter from which it was derived was certified under an environmental quality assurance scheme and, if so, the name of the scheme; and
(k) where the biomass was plant matter or derived from plant matter, the use to which the land on which the plant matter was grown has been put since 30th November 2005.
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 specified in paragraph (3) by the relevant date, the Authority—
(a) may in relation to any NIROCs to which the operator would otherwise be entitled, postpone (subject to sub-paragraph (b)) the issue of those NIROCs (up to the specified number) until such time as the information is provided, and
(b) must in relation to any such NIROCs refuse the issue of those NIROCs (up to the specified number) if that information is not provided by the 31st August immediately following the relevant date.
5 For the purposes of paragraph (4), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, estimates that it would have issued in respect of the electricity generated by the biomass in relation to which the information specified in paragraph (3) should have been provided.
6 In this Article, “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of biomass or matter from which a biomass fuel is derived.
Art. 46 in operation at 1.4.2009, see art. 1