7.—(1) Schedule A2 to the 2009 Order(1) is amended as follows.
(2) For paragraph 3(1) substitute—
“(1) Fuel meets the land criteria if—
(a)in the case of bioliquid, the biomaterial from which the fuel was made was—
(i)waste,
(ii)residue (other than residue from agriculture, aquaculture, fisheries or forestry), or
(iii)obtained from a permitted source;
(b)in all other cases, the biomaterial from which the fuel was made was—
(i)waste,
(ii)residue (other than residue from agriculture, aquaculture, fisheries or forestry),
(iii)obtained from a permitted source,
(iv)energy crops in respect of which financial assistance was paid under the Energy Crops Regulations 2000(2), or under an equivalent financial assistance scheme, or
(v)added to the fuel for an exempt purpose.”.
(3) After paragraph 3(8) insert—
“(8A) For the purposes of sub-paragraph (1)(b)(v), biomaterial is added to a fuel for an exempt purpose if—
(a)it is added to the fuel—
(i)to act as a binding agent, or
(ii)to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel, and
(b)it does not exceed 2% by weight of the fuel.”.
Schedule A2 was inserted by Article 15 of S.R. 2011 No. 169
S.I. 2000/3042. Amendments have been made by article 6(2)(b) or S.I. 2011/1043 and s.73(2) of the Countryside and Rights of Way Act 2000 (c.37) and Regulation 3 of S.I. 2001 No. 3900.