The Renewables Obligation (Amendment) Order (Northern Ireland) 2016

Interpretation

This section has no associated Explanatory Memorandum

2.  In Article 2(1)—

(a)after the definition of “anaerobic digestion” insert—

“animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals;;

(b)after the definition of “biomass”, insert—

“BS EN 15359:2011” means the document identified by Standard Number BS EN 15359:2011 and entitled “Solid recovered fuels. Specifications and classes” published by the British Standards Institution on 30th November 2011(1);

“BS EN 15402:2011” means the document identified by Standard Number BS EN 15402:2011 and entitled “Solid recovered fuels. Determination of the content of volatile matter” published by the Brtitsh Standards Institution on 31st March 2011(2);

“BS EN 15415-1:2011” means the document identified by Standard Number BS EN 15415-1:2011 and entitled “Solid recovered fuels. Determination of particle size distribution. Screen method for small dimension particles” published by the British Standards Institution on 30th September 2011(3);

“BS EN 15590:2011” means the document identified by Standard Number BS EN 15590:2011 and entitled “Solid recovered fuels. Determination of the current rate of aerobic microbial activity using the real dynamic respiration index” published by the British Standards Institution on 30th September 2011(4);

(c)omit the definitions for “CEN/TS 15359:2006”, “CEN/TS 15402:2006”, “CEN/TS 15415:2006” and “CEN/TS 15590:2007”;

(d)in the definition of “connected person”, for “section 839 of the Income and Corporation Taxes Act 1988” substitute “section 1122 of the Corporation Tax Act 2010(5)”;

(e)for the definition of “greenhouse gas emission criteria” substitute—

“greenhouse gas emission criteria” means—

(a)

in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); and

(b)

in all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);;

(f)after the definition of “regular biomass” insert—

“relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);;

(g)in the definition of “Renewables Directive”, for “Schedule A1” substitute “Schedules A1 and A2”;

(h)for the definition of “Solid Recovered Fuel” substitute—

“Solid Recovered Fuel” means solid fuel which—

(a)

Complies with the classification and specification requirements in BS EN 15359:2011,

(b)

is prepared from a waste which is not a hazardous waste (where hazardous waste has a meaning given in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste(6)),

(c)

has a maximum rate of oxygen uptake of no more than 1500 milligrams of oxygen per kilogram of volatile solids per hour when measured using the real dynamic respiration test specified in BS EN 15590:2011, and

(d)

when subject to a methodology for the determination of particle size in accordance with BS EN 15415-1:2011, is able to pass through an opening measuring no more than 150 millimetres in all dimensions; and

(i)for the definition of “waste” substitute—

“waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste(7) but—

(a)

also includes anything derived from waste; and

(b)

does not include landfill gas or sewage gas..

(1)

ISBN 978 0 580 67493 8. Copies can be obtained from the British Standards Institution: www.bsi-global/com/en/.

(2)

ISBN 978 0 580 68165 3. Copies can be obtained from the British Standards Institution: www.bsi-global/com/en/.

(3)

ISBN 978 0 580 71118 3. Copies can be obtained from the British Standards Institution: www.bsi-global/com/en/.

(4)

ISBN 978 0 580 69390 8. Copies can be obtained from the British Standards Institution: www.bsi-global/com/en/.

(6)

OJ L 312, 22.11.2008, p.2.

(7)

OJ L 312, 22.11.2008, p.3.