52.—(1) Where in any scheme year a regulated activity is carried out that is not authorised by a permit, contrary to regulation 9, the operator of the installation (“P”) is at the end of that year liable to the civil penalty in paragraph (2).
(2) [F1Subject to paragraph (3), for each] such year, the civil penalty is A + (B � C), where—
A is the estimated amount of the costs avoided by P in that year as a result of carrying out a regulated activity without such authorisation;
B is the estimated amount of reportable emissions from the installation in the period during which a regulated activity was carried out without such authorisation;
C is the carbon price for that year.
[F2(3) In imposing the penalty under paragraph (2), the regulator may increase the amount determined under that paragraph by a percentage designed to ensure that the penalty exceeds the amount of any economic benefit that P has obtained as result of the failure to comply with regulation 9.]
(4) The authority must exercise powers under section 40 of the Environment Act 1995 [F3, article 11 of the NRBW Order] or regulation 37 of the Northern Ireland Regulations to give the regulator directions as to—
(a)the estimation by the regulator of A and B in paragraph (2); and
(b)the exercise of the regulator's powers [F4under] paragraph (3).
Textual Amendments
F1Words in reg. 52(2) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(2)
F2Reg. 52(3) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(3)
F3Words in reg. 52(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 423 (with Sch. 7)
F4Word in reg. 52(4)(b) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(4)