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The Renewables Obligation (Amendment) Order (Northern Ireland) 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 No. 169

Amendments to Article 2 of the 2009 Order (interpretation)

This sectionnoteType=Explanatory Memorandum has no associated

3.  (1)  Article 2 of the 2009 Order is amended as follows.

(2) In paragraph (1) at the appropriate place in alphabetical order insert each of the following definitions, that is to say—

“biomaterial” means the biodegradable part of—

(a)

products, waste and residues of biological origin 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;;

MCS” means the Microgeneration Certification Scheme or equivalent schemes accredited under EN45011 which certify microgeneration products and installers in accordance with consistent standards;;

“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 Schedules A1 and 3A to be construed as references to Annex 5 to the Directive 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))..

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