The Renewables Obligation (Scotland) Order 2009

Information to be provided to the Authority where electricity is generated from biomass F1 ...

54.—(1) This article applies to a generating station–

(a) which generates electricity (wholly or partly) from biomass [F2 other than [F3 waste, biomass wholly derived from waste,] landfill gas or sewage gas]; and

(b) which is not a microgenerator.

(2) In relation to each consignment of biomass used in a generating station to which this article applies, the operator of the station must, by the 31st May immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with the information specified in paragraph (3).

(3) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief–

(a) the material from which the biomass was composed (for example, whether it was composed of wood);

(b) where the biomass can take different forms (for example, wood can take a variety of forms, depending on whether and how it has been processed and what it is, is to be or has been used for), the form of the biomass;

(c) where the biomass was solid, its mass;

(d) where the biomass was fluid, its volume when measured at 25 degrees Celsius and 0.1 megapascals;

(e) whether the biomass was a by product of a process;

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown;

(h) where the information specified in sub-paragraph (g) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass;

(i) whether any of the consignment was an energy crop or derived from an energy crop and, if so–

(i) the proportion of the consignment which was or was derived from the energy crop, and

(ii) the type of energy crop in question;

(j) [F5 where the biomass was not a bioliquid,] whether the biomass or any matter from which it was derived was certified under an environmental quality assurance scheme and, if so, the name of the scheme; F6 ...

(k) where the biomass was plant matter or derived from plant matter, the use to which the land on which the plant matter was grown has been put since 30th November 2005 [F7 ; and]

[F8 (l) where the biomass was not a bioliquid—

(i) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;

(ii) whether the biomass meets the land criteria;

(iii) where the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 79.2 grams, the main reasons why biomass with lower greenhouse gas emissions was not used;

(iv) where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and

(v) where any of the information specified in paragraphs (i) or (ii) is not known—

(aa) the main reasons why that information is not known; and

(bb) the main reasons why biomass for which that information is known was not used.]

[F9 (3A) For the purposes of paragraph (3)(l), the operator of the generating station must calculate the greenhouse gas emissions using one of the following methods—

(a) the actual value method; or

(b) the default value method.

(3B) The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—

(a) the biomass is described in the first column of Part 2 of Schedule 3B; and

(b) in relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex V to the Renewables Directive is equal to, or less than, zero.

(3C) For the purposes of paragraph (3B)(b), paragraph 7 of Part C of Annex V to the Renewables Directive is to be read as if—

(a) for each reference to “biofuel” there was substituted “biomass”; and

(b) the words “or bioliquid” were omitted in each place in which those words occur.]

(4) Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information specified in paragraph (3) by the relevant date, the Authority–

(a) may in relation to any SROCs to which the operator would otherwise be entitled, postpone (subject to sub-paragraph (b)) the issue of those SROCs (up to the specified number) until such time as the information is provided; and

(b) must in relation to any such SROCs refuse the issue of those SROCs (up to the specified number) if that information is not provided by the 31st August immediately following the relevant date.

(5) For the purposes of paragraph (4), the specified number is the number of SROCs which the Authority has or estimates that it has or, but for this article, would have issued in respect of the electricity generated by the biomass in relation to which the information specified in paragraph (3) should have been provided.

[F10 (6) In this article—

“actual value method” means the calculation method provided for in Schedule 3A;

“default value method” means the calculation method provided for in Part 1 of Schedule 3B; and

“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of biomass or matter from which a biomass fuel is derived.]

F11 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in art. 54 heading omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 22(2) (with art. 29)

F2 Words in art. 54(1)(a) inserted (1.4.2010) by The Renewables Obligation (Scotland) Amendment Order 2010 (S.S.I. 2010/147), arts. 1, 12 (with art. 17)

F3 Words in art. 54(1)(a) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(b) (with art. 19)

F4 Art. 54(3)(f) omitted (1.4.2011) by virtue of The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(c) (with art. 19)

F5 Words in art. 54(3)(j) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 22(3) (with art. 29)

F6 Word in art. 54(3)(j) omitted (1.4.2011) by virtue of The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(d) (with art. 19)

F7 Word in art. 54(3)(k) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(e) (with art. 19)

F8 Art. 54(3)(l) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(f) (with art. 19)

F9 Art. 54(3A)-(3C) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(g) (with art. 19)

F10 Art. 54(6)(7) substituted for art. 54(6) (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 12(h) (with art. 19)

F11 Art. 54(7) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 22(4) (with art. 29)