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The Renewables Obligation (Scotland) Order 2009

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F1Information to be provided to the Authority where electricity is generated from biomass ...

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54.—(1) This article applies to a generating station–

(a)which generates electricity (wholly or partly) from biomass [F2other than [F3municipal waste], landfill gas or sewage gas]; and

(b)which is not a microgenerator.

[F4(2) In relation to each consignment of biomass (other than landfill gas, sewage gas or municipal waste) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—

(a)the information specified in paragraph (3);

(b)other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—

(i)excreta produced by animals; or

(ii)waste,

the information specified in paragraph (3ZA); and

(c)other than in the case of biomass which was—

(i)bioliquid;

(ii)excreta produced by animals;

(iii)waste; or

(iv)wholly derived from waste;

the information specified in paragraph (3ZB).

(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;

(b)where the biomass was solid and can take different forms, the form of the biomass;

(c)whether the biomass was waste or wholly derived from waste;

(d)whether the biomass was excreta produced by animals;

(e)where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and

(f)where the information specified in sub-paragraph (e) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.

(3ZA) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a)where the biomass was solid, its mass (in tonnes);

(b)where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;

(c)where the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals;

(d)where the biomass was an energy crop and was not a bioliquid—

(i)the type of energy crop in question; and

(ii)the use of the land on which the biomass was grown in the year before the land was first used to grown energy crops; and

(e)where the biomass was wood or derived from wood and was not waste or bioliquid—

(i)the name of the forest or other location where that wood was grown;

(ii)a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;

(iii)the species of wood in question; and

(iv)the proportion of the biomass (if any) that was composed of, or derived from, saw logs.

(3ZB) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a)the greenhouse gas emissions from the use of the biomass to generate one megajoule of electricity;

(b)where the biomass was wood or derived from wood—

(i)whether the biomass met the timber standard or an equivalent standard; and

(ii)where the biomass did not meet the timber standard or an equivalent standard, the main reasons why biomass meeting the timber standard or an equivalent standard was not used;

(c)where the biomass was not wood or derived from wood—

(i)whether the biomass met the land criteria; and

(ii)where the biomass did not meet the land criteria, the main reasons why biomass meeting the land criteria was not used;

(d)where—

(i)the biomass was used in a post-2013 dedicated biomass station, and

(ii)the greenhouse gas emissions from the use of the biomass to generate one megajoule of electricity were greater than 66.7 grams,

the main reasons why biomass with lower greenhouse gas emissions was not used;

(e)where—

(i)the biomass was used in a generating station other than a post-2013 dedicated biomass station; and

(ii)the greenhouse gas emissions from the use of the biomass to generate one megajoule of electricity were greater than 79.2 grams,

the main reasons why biomass with lower greenhouse gas emissions was not used; and

(f)where the biomass was wood or derived from wood and any of the information specified in sub-paragraphs (a) and (b)(i) is not known or where the biomass was not wood or derived from wood and any of the information specified in sub-paragraphs (a) and (c)(i) is not known—

(i)the main reasons why that information is not known; and

(ii)the main reasons why biomass for which that information is known was not used.]

[F5(3A) For the purposes of [F6paragraph (3ZB)(a)], the operator of the generating station must calculate the greenhouse gas emissions using one of the following methods—

(a)the actual value method; or

(b)the default value method.

(3B) The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—

[F7(za)the biomass was used in a generating station with a total installed capacity of less than 1 megawatt;]

(a)the biomass is described in the first column of Part 2 of Schedule 3B; and

(b)in relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex V to the Renewables Directive is equal to, or less than, zero.

(3C) For the purposes of paragraph (3B)(b), paragraph 7 of Part C of Annex V to the Renewables Directive is to be read as if—

(a)for each reference to “biofuel” there was substituted “biomass”; and

(b)the words “or bioliquid” were omitted in each place in which those words occur.]

[F8(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 required by paragraph (2) by the relevant date, the Authority must, in relation to any SROCs to which the operator would otherwise be entitled, postpone the issue of those SROCs (up to the specified number) until such time as the information is provided.]

(5) For the purposes of paragraph (4), the specified number is the number of SROCs which the Authority has or estimates that it has or, but for this article, would have issued in respect of the electricity generated by the biomass in relation to which the information [F9required by paragraph (2)] should have been provided.

[F10(6) In this article—

“actual value method” means the calculation method provided for in Schedule 3A;

“default value method” means the calculation method provided for in Part 1 of Schedule 3B; F11...

[F12“post-2013 dedicated biomass station” means a generating station which—

(a)

was not accredited on or before 31st March 2013; and

(b)

has, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2;

“saw logs” means wood which formed part of the trunk of a tree which grew for at least 10 years;

“timber standard” means the Timber Standard for Heat & Electricity: woodfuel used under the Renewable Heat Incentive and Renewables Obligation published by the Department of Energy and Climate Change on 10th February 2014; and

“waste” does not include excreta produced by animals.]]

F13(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in art. 54 heading omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 22(2) (with art. 29)

F4Art. 54(2)-(3ZB) substituted for art. 54(2)(3) (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 16(3) (with art. 27)

F10Art. 54(6)(7) substituted for art. 54(6) (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(h) (with art. 19)

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