1

Fuel meets the land criteria if—

a

in the case of bioliquid, the biomaterial from which the fuel was made was—

i

waste;

ii

residue (other than residue from agriculture, aquaculture, fisheries or forestry); or

iii

obtained from a permitted source;

b

in all other cases, the biomaterial from which the fuel was made was—

i

waste;

ii

residue (other than residue from agriculture, aquaculture, fisheries or forestry);

iii

obtained from a permitted source;

iv

energy crops in respect of which financial assistance was paid under the Energy Crops Regulations 200025, or under an equivalent financial assistance scheme, or

v

added to the fuel for an exempt purpose.

8A

For the purposes of sub-paragraph (1)(b)(v), biomaterial is added to a fuel for an exempt purpose if—

a

it is added to the fuel—

i

to act as a binding agent, or

ii

to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel; and

b

it does not exceed 2% by weight of the fuel.