Amendments to article 2 of the 2009 Order (interpretation)3

1

Article 2 of the 2009 Order is amended as follows.

2

In paragraph (1), at the appropriate place insert—

  • biomaterial” means the biodegradable part of—

    1. a

      products, waste and residues of biological origin resulting from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); and

    2. b

      industrial, commercial and municipal waste;

  • fossil derived bioliquid” means bioliquid produced directly or indirectly from—

    1. a

      coal,

    2. b

      lignite,

    3. c

      natural gas (within the meaning of the Energy Act 19769),

    4. d

      crude liquid petroleum, or

    5. e

      petroleum products (within the meaning of the Energy Act 1976);

  • greenhouse gas emission criteria” means the criteria set out in Schedule A1;

  • land criteria” means the criteria set out in Schedule A2;

  • offshore”, in relation to a generating station which generates electricity from wind, means a generating station which—

    1. a

      has its wind turbines situated wholly in offshore waters; and

    2. b

      is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

  • registrable additional turbine” means a wind turbine which—

    1. a

      forms part of the capacity of a generating station which is offshore;

    2. b

      does not form part of the capacity of the station as accredited; and

    3. c

      was not used to generate electricity before 1st April 2011;

  • Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in Schedule A1 to this Order references to Annex 5 to the Renewables Directive are to Annex 5 as amended from time to time;

  • sustainability information” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria;

3

In paragraph (1), for the definition of “total installed capacity” substitute—

  • total installed capacity” means—

    1. a

      in relation to a generating station, the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);

    2. b

      in relation to a wind turbine, the maximum capacity at which the turbine could be operated for a sustained period without causing damage to it (assuming there was no interruption to the wind powering it);

4

In paragraph (2), after each reference to “waste” insert “, fossil derived bioliquid”.

5

For paragraph (4) substitute—

4

The fuels referred to in paragraph (3) are—

a

fossil derived bioliquid;

b

bioliquid (not being fossil derived bioliquid);

c

biomass (not being bioliquid);

d

waste which constitutes a renewable source (not being bioliquid or biomass);

e

fossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)).