8. Solid biomass which is not wood or derived wholly from wood, or which is an energy crop, meets the land criteria if it—E+W+S
(a)was not obtained from a protected source;
(b)was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000 M1 or under an equivalent financial assistance scheme;
(c)was residue (other than residue from agriculture, aquaculture, fisheries or forestry).
Marginal Citations
M1S.I. 2000/3042, revoked by S.I. 2014/3263.
9. Material added to solid biomass for an exempt purpose shall be disregarded for the purposes of paragraph 8.E+W+S
10. Solid biomass is obtained from a protected source if it is obtained from—E+W+S
(a)land which at any time during or after January 2008 was primary forest;
(b)except where paragraph 11 applies, land which at any time during or after January 2008 was designated for nature protection purposes;
(c)highly biodiverse grassland unless the harvesting is necessary to preserve the grassland status;
(d)except where paragraph 12 applies, land which at any time during January 2008 was peatland;
(e)a former continuously forested area; or
(f)a former wetland area.
11. This paragraph applies if the production of the solid biomass did not interfere with the nature protection purposes for which the land was designated.E+W+S
12. This paragraph applies if the cultivation and harvesting of the solid biomass did not involve the drainage of previously undrained soil.E+W+S