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—

(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

(b)

industrial, commercial and municipal waste;”;

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

(a)

coal,

(b)

lignite,

(c)

natural gas (within the meaning of the Energy Act 1976(1)),

(d)

crude liquid petroleum, or

(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—

(a)

has its wind turbines situated wholly in offshore waters; and

(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—

(a)

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

(b)

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

(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;”; and

““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—

(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);

(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)).”.