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The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005
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- UK Statutory Instruments
- 2005 No. 2903
- PART 3
- Regulation 8A
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Version Superseded: 01/02/2015
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[F1Exercise of Functions by the Environment AgencyU.K.
This section has no associated Explanatory Memorandum
8A.—(1) On or after 1st June 2011 applications under regulation 5 must be submitted to the Environment Agency.
(2) Subject to paragraphs (3) and (4), the functions of the Secretary of State under regulations 5, 6, 7 and 8 of these Regulations in respect of any such application submitted on or after 1st June 2011 must be exercised by the Environment Agency and in such a case the references to the Secretary of State in regulations 5, 6, 7 and 8 of these Regulations should be read as references to the Environment Agency.
(3) The Environment Agency must consult the Secretary of State as soon as reasonably practicable before determining—
(a)an application under regulation 5 in relation to a proposed Article 6 project activity which is not of a type—
(i)which has been approved by the Secretary of State or the Environment Agency on or before the date on which the application is submitted; or
(ii)in respect of which participation has been authorised by the Secretary of State or the Environment Agency on or before the date on which the application is submitted;
(b)an application under regulation 5 in relation to any proposed project activity which the Environment Agency reasonably considers to be novel, contentious or controversial;
(c)an application under regulation 5 in relation to any proposed project activity for the production of hydro-electric power with a generating capacity of more than 20 megawatts.
(4) The Secretary of State may require the Environment Agency to refer an application under regulation 5 to the Secretary of State for the Secretary of State to decide in accordance with this Part.]
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