- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Environmental Permitting (England and Wales) Regulations 2007 (revoked) No. 3538
1. For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances must be treated as a single appliance with a rated thermal input of 50 megawatts or more.
2. Nothing in this Part of this Section applies to burning fuels in an appliance installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea.
3. In paragraph 2, “offshore platform” means any fixed or floating structure which—
(a)is used for the purposes of or in connection with the production of petroleum; and
(b)in the case of a floating structure, is maintained on a station during the course of production,
but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.
4. In paragraph 3, “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.
5. In paragraph (b)(iii), “fuel” does not include gas produced by biological degradation of waste in a landfill that does not require a permit under these Regulations.
Unless falling within Part A(1)(a) of this Section—
(a)Burning any fuel (other than a fuel mentioned in Part A(1)(b)) in—
(i)a boiler;
(ii)a furnace;
(iii)a gas turbine; or
(iv)a compression ignition engine,
with a net rated thermal input of 20 or more megawatts, but a rated thermal input of less than 50 megawatts.
(b)Burning any—
(i)waste oil;
(ii)recovered oil;
(iii)solid fuel which has been manufactured from waste by an activity involving the application of heat,
in an appliance with a rated thermal input of less than 3 megawatts.
(c)Burning fuel manufactured from or including waste (other than a fuel mentioned in paragraph (b)) in any appliance with a net rated thermal input of 0.4 or more megawatts, but a rated thermal input of less than 3 megawatts—
(i)which is used together with other appliances which each have a rated thermal input of less than 3 megawatts; and
(ii)where the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: