The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Failure to submit or resubmit an application for an emissions planU.K.

This section has no associated Explanatory Memorandum

60.—(1) [F1Subject to paragraphs (3) and (4), a UK administered operator] (“A”) is liable to the civil penalties in paragraph (2) where A fails to—

(a)submit (or to submit on time) an application for an emissions plan, contrary to [F2regulation 32(1), 32A(2) or 32B(2)];

(b)provide a satisfactory explanation, contrary to [F3regulation 32(4), 32A(3)(b), 32A (5)(b), 32B(3)(b) or 32B(5)(b)]; or

(c)resubmit (or to resubmit on time) an application for an emissions plan, where required to do so by regulation 34(4).

(2) The civil penalties are—

(a)£1,500; and

(b)£150 for each day that the application or resubmission of an application is not provided, following the service of a penalty notice, up to a maximum of £13,500.

[F4(3) A is not liable to a civil penalty for a failure to apply to the regulator for a monitoring plan, contrary to regulation 32(1), in so far as the duty to apply arose—

(a)before 1st January 2015; and

(b)only in relation to excluded aviation activities.

(4) To the extent that A was required to apply to the regulator for a monitoring plan under regulation 32(1), A is not liable to a civil penalty for a failure to apply where—

(a)the duty to apply arose before 1st January 2015; and

(b)when the duty arose, A was an exempt non-commercial air transport operator.]

Textual Amendments