PART 2Monitoring and enforcement

Emissions limit notification duty4.

(1)

If any of the conditions in paragraph (3) are met in relation to a relevant fossil fuel plant, the operator of the plant must submit a notification (“an emissions limit notification”) to the chief inspector within 31 days of the date on which the condition is met or, if more than one condition is met, within 31 days of the date on which the earliest condition is met.

(2)

An emissions limit notification must state—

(a)

the emissions limit (in tonnes of carbon dioxide) for the relevant fossil fuel plant, calculated in accordance with section 57(1) of the Act and as modified, if applicable, by regulation 4 of the EPS Regulations;

(b)

the installed generating capacity of the relevant fossil fuel plant; and

(c)

the date on which the relevant fossil fuel plant commenced or is expected to commence generation.

(3)

The conditions are—

(a)

that a Greenhouse Gas Emissions Permit in relation to the relevant fossil fuel plant—

(i)

is held by the operator on the date these Regulations come into operation;

(ii)

is granted to the operator after the date these Regulations come into operation; or

(iii)

is varied in relation to the amount of installed generating capacity covered by that permit after the date these Regulations come into operation; or

(b)

the emissions limit for the relevant fossil fuel plant is modified by regulation 4 of the EPS Regulations.

(4)

An emissions limit notification must be submitted in such form and manner as the chief inspector may reasonably require.