2015 No. 384
The Renewables Obligation (Scotland) Amendment Order 2015
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32(1), 32B(1), 32C(1) to (6), 32D(1) and (2), 32J(3) and 32K(1) and (3) of the Electricity Act 1989 M1 (“the 1989 Act”) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M2 (“the 1972 Act”) and all other powers enabling them to do so.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources M3 in Schedule 2 to this Order (land criteria) to be construed as a reference to Annex 5 to that Directive as amended from time to time.
In accordance with section 32L(1) of the 1989 Act M4 the Scottish Ministers consulted the Gas and Electricity Markets Authority M5, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux, the electricity suppliers to whom this Order applies and such generators of electricity from renewable sources and such other persons as the Scottish Ministers considered appropriate.
In accordance with section 32L(3) of the 1989 Act and paragraph 2(2) of Schedule 2 to the 1972 Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”), which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and relevantly amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2) in so far as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
OJ L 140, 5.6.2009, p.16.
Section 32L was amended by S.I. 2014/631.
Section 32L refers to “the Authority” which is defined in section 111(1) as the Gas and Electricity Markets Authority. The definition was inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27). Section 32L refers to “Citizens Advice” and “Citizens Advice Scotland” which are defined in said section 111(1) as the National Association of Citizens Advice Bureaux and the Scottish Association of Citizens Advice Bureau. The definitions were inserted by S.I. 2014/631.
Citation, commencement and interpretation1
1
This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2015 and comes into force on 1st December 2015.
2
In this Order “the principal Order” means the Renewables Obligation (Scotland) Order 2009 M6.
Amendment of the principal Order2
The principal Order is amended in accordance with articles 3 to 15.
Interpretation3
In article 2(1)—
a
after the definition of “anaerobic digestion” insert—
“animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals;
b
in the definition of “connected person”, for “section 839 of the Income and Corporation Taxes Act 1988” substitute “
section 1122 of the Corporation Tax Act 2010 M7
”
;
c
after the definition of “declared net capacity” insert—
“demonstration lease” means a lease granted by the Crown Estate, one of whose purposes is testing, demonstrating and approving the viability of a wind turbine;
d
for the definition of “greenhouse gas emission criteria” substitute—
“greenhouse gas emission criteria” means—
- a
in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); and
- b
in all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);
e
in the definition of “relevant material”, for “4(1)(a)” substitute “
4(1A)(a)
”
;
f
after the definition of “relevant material” insert—
“relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);
g
in the definition of “Renewables Directive”, for “Schedule A1” substitute “
Schedules A1 and A2
”
; and
h
for the definition of “waste” substitute—
“waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste M8 but—
- a
also includes anything derived from waste; and
- b
does not include landfill gas or sewage gas.
Biomass and fuels which are to be treated as biomass4
In article 4—
a
in paragraph (1A)(a) M9, for “or algae” substitute “
, algae or bacteria
”
;
b
in paragraph (1B)(a) M10, for “material” to the end substitute “
relevant material
”
; and
c
in paragraph (7), for “plant” to the end substitute “
relevant material
”
.
Combustion units in relation to which a CFD or investment contract has been entered into5
In article 21B(7)(a) M11, for “21st” substitute “
31st
”
.
Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass6
After article 22 (circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources) insert—
Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass22ZA
1
This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).
2
No SROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this article applies unless—
a
the generating station has a total installed capacity of less than one megawatt; or
b
the biomass meets the greenhouse gas emission criteria and the land criteria.
Common agricultural policy requirements in the case of bioliquids7
For article 22B(b)(i) and (ii) M12 substitute—
i
cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy M13 (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land”;
ii
cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; or
iii
obtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.
SROCs to be issued by Authority in respect of a generating station's RO eligible renewable output8
In article 24—
a
in paragraph (2), for “paragraph” substitute “
paragraphs (2A) and
”
;
b
after paragraph (2) insert—
2A
Where—
a
electricity was generated—
i
by a generating station with a total installed capacity of at least one megawatt; and
ii
using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and
b
the greenhouse gas emissions from the use of that biomass are above the relevant target,
SROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.
2B
For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).
Offshore wind generating stations using test and demonstration wind turbines9
Omit article 30C(4)(b) M14.
Offshore wind generating stations using floating wind turbines10
In article 30D M15—
a
for paragraph (3)(b) substitute—
b
it confirms that—
i
to the best of the operator's knowledge and belief the electricity generated was generated by a generating station using only floating wind turbines; and
ii
the lease in respect of which the generating station is entitled to operate at that particular area of seabed is a demonstration lease issued by the Crown Estate in relation to that site.
b
at the end of paragraph (4) insert “
and not by any other means
”
.
Information to be provided to the Authority where electricity is generated from biomass11
For article 54 substitute—
54
1
This article applies to a generating station—
a
which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); and
b
which is not a microgenerator.
2
In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—
a
the information specified in paragraph (3);
b
other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—
i
animal excreta; or
ii
waste,
the information specified in paragraph (4); and
c
other than in the case of biomass which—
i
was used in a generating station with a total installed capacity of at least one megawatt; or
ii
was animal excreta, bioliquid or waste,
the information specified in paragraph (5).
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;
b
where the biomass was solid and can take different forms, the form of the biomass;
c
whether the biomass was animal excreta or waste;
d
where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and
e
where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.
4
The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—
a
where the biomass was solid, its mass (in tonnes);
b
where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;
c
where the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals;
d
where the biomass was an energy crop and was not a bioliquid—
i
the type of energy crop in question; and
ii
the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; and
e
where the biomass was, or was derived from, wood and was not waste or bioliquid—
i
the name of the forest or other location where that wood was grown;
ii
a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;
iii
where any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species;
iv
the proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log; and
v
the proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood.
5
The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—
a
the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;
b
where the biomass does not meet the greenhouse gas emission criteria, the main reasons why biomass meeting the greenhouse gas emission criteria was not used;
c
whether the biomass meets the land criteria;
d
where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and
e
where any of the information specified in sub-paragraphs (a) and (c) is not known—
i
the main reasons why that information is not known; and
ii
the main reasons why biomass for which that information is known was not used.
6
For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to—
a
a specification for determining whether wood is a saw log—
i
used by the sawmill closest to where the wood was grown; or
ii
issued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown; or
b
the specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table).
7
For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).
8
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 required by paragraph (2) by the relevant date, the Authority must, in relation to any SROCs to which the operator would otherwise be entitled, postpone the issue of those SROCs (up to the specified number) until such time as the information is provided.
9
For the purposes of paragraph (8), the specified number is the number of SROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided.
10
In this article—
“Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”M16;
“protected or threatened species” means—
- a
a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora M17; or
- b
a species which is at risk of extinction; and
“saw log” means wood which is suitable for processing at a sawmill.
Solid and gaseous biomass sustainability audit report12
In article 54B—
a
in paragraph (2)—
i
in sub-paragraphs (a) and (b) omit “or wholly derived from waste”; and
ii
in sub-paragraph (b), for “54(3ZB)” substitute “
54(5)
”
; and
b
in paragraph (6)—
i
in sub-paragraphs (a) and (b) omit “or wholly derived from waste”; and
ii
in sub-paragraph (b) for “54(3ZB)” substitute “
54(5)
”
.
Greenhouse gas emission criteria for solid and gaseous biomass13
After Schedule A1 M18 insert the Schedule in Schedule 1 to this Order.
Land criteria14
For Schedule A2 M19 substitute the Schedule in Schedule 2 to this Order.
Actual and default value methods for calculating emissions from the use of biomass15
Omit Schedules 3A and 3B.
Savings provision16
Subject to paragraph (2), the principal Order continues to have effect as it had effect before 1st December 2015 in relation to—
a
the issue and revocation of SROCs in respect of electricity generated before 1st December 2015, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;
b
any obligations or requirements imposed on any person in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined in relation to any such obligation or requirement;
c
any obligations or requirements imposed on any person in respect of electricity generated before 1st December 2015, and anything which falls to be done or determined in relation to any such obligation or requirement; and
d
any obligations and functions of the Authority in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to that obligation period.
Transitional provisions17
In relation to biomass used before 1st April 2016, paragraph 2 of Schedule A1A of the principal Order (as inserted by article 13 of, and Schedule 1 to, this Order) has effect as if for sub-paragraph (b)(iii) there were substituted—
iii
the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during the period from the day this Order comes into force to 31st March 2016 are equal to, or less than, the relevant target.
SCHEDULE 1
SCHEDULE A1AGreenhouse gas emission criteria for solid and gaseous biomass
PART 1Greenhouse gas emission criteria
Interpretation1
In this Schedule—
“actual value method” means the calculation method provided for in Part 2;
“default value method” means the calculation method provided for in Part 3;
“post-2013 dedicated biomass station” means a generating station which—
- a
was not accredited on or before 31st March 2013; and
- b
has, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2 (electricity to be stated in SROCs);
“relevant biomass” means biomass other than animal excreta, bioliquid, landfill gas, sewage gas or waste;
“relevant ceiling” means—
- a
in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 79.2 grams per mega joule of electricity;
- b
in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 75 grams per mega joule of electricity; and
- c
in relation to biomass used to generate electricity on or after 1st April 2025, 72.2 grams per mega joule of electricity;
“relevant target” means—
- a
in relation to biomass used to generate electricity before 1st April 2020 by a station other than a post-2013 dedicated biomass station, 79.2 grams per mega joule of electricity;
- b
in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 66.7 grams per mega joule of electricity;
- c
in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 55.6 grams per mega joule of electricity; and
- d
in relation to biomass used to generate electricity on or after 1st April 2025, 50 grams per mega joule of electricity.
The greenhouse gas emission criteria2
Biomass meets the greenhouse gas emission criteria for solid and gaseous biomass—
a
if the greenhouse gas emissions from its use are equal to, or less than, the relevant target; or
b
if—
i
the biomass is used by a post-2013 dedicated biomass station or the biomass is used to generate electricity after 1st April 2020;
ii
the greenhouse gas emissions from its use are equal to, or less than, the relevant ceiling; and
iii
the biomass is used in an obligation period in which the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during that obligation period are equal to, or less than, the relevant target.
Calculating the greenhouse gas emissions3
For the purposes of paragraph 2, and subject to paragraph 4, the greenhouse gas emissions from the use of biomass to generate electricity—
a
is to be calculated by the operator of the generating station using the actual value method or the default value method; or
b
is 91 grams per mega joule of electricity.
4
The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—
a
the biomass was used in a generating station with a total installed capacity of less than one megawatt;
b
the biomass is described in the first column of the table in Part 4; and
c
in relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.
5
For the purposes of paragraph 4(c), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—
a
for each reference to “biofuel” there was substituted
“ biomass ”; andb
the words “or bioliquid” were omitted in each place in which those words occur.
PART 2Actual value method
6
Where the greenhouse gas emissions from the use of biomass are calculated using the actual value method the greenhouse gas emissions from the use of the biomass are equal to—
a
in the case of biomass used by a combined heat and power generating station,; andb
in any other case,.7
In paragraph (6)—
a
is equal towhere—i
A is the total amount of electricity generated by the generating station during the month; and
ii
F is the energy content of all of the fuels used in generating that electricity during the month;
b
is equal towhere—i
F has the same meaning as in sub-paragraph (a)(ii); and
ii
H is the energy content of all of the heat supplied to any premises by the generating station during the month; and
c
is equal to—i
where the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises (“”) is less than 423 degrees kelvin, 0.3546;ii
in any other case,; andd
E is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 to the Renewables Directive but as if the following modifications were made to Part C of that Annex:—
i
in paragraph 1—
aa
for “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”;
bb
for “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”; and
cc
for “= emissions from the fuel in use” there was substituted “= zero”;ii
in paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;
iii
paragraphs 3 and 4 were omitted;
iv
in paragraph 7—
aa
for each reference to “biofuel” there was substituted “biomass”; and
bb
the words “or bioliquid” were omitted in each place in which those words occur;
v
in paragraph 11, for “fuel” there was substituted “biomass”;
vi
paragraph 13 was omitted;
vii
in paragraph 14, for “fuel” there was substituted “biomass”;
viii
for paragraph 16 there was substituted—
16
Emission saving from excess electricity from cogeneration shall be taken to be zero.
ix
in paragraph 17, for each reference to “fuel” there was substituted “biomass”;
x
in paragraph 18—
aa
for “fuel” there was substituted “biomass”;
bb
the words “In the case of biofuels and bioliquids,” were omitted;
cc
before “and residues from processing” there was inserted “residues from aquaculture, arboriculture, fisheries and forestry”; and
dd
for “fuels” there was substituted “biomass”; and
xi
for paragraph 19 there was substituted—
19
Where material is added to the biomass to act as a binding agent or to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the biomass, the material so added shall be considered to have zero life-cycle greenhouse gas emissions, provided that the material so added does not exceed 2% by weight of the biomass.
PART 3Default value method
8
The greenhouse gas emissions from the use of biomass are calculated using the default value method where the greenhouse gas emissions from the use of the biomass are equal to—
a
in the case of biomass used by a combined heat and power generating station,; andb
in any other case,.9
In paragraph (8)—
a
,andhave the same meaning as in Part 2; andb
E, in relation to a type of biomass described in the first column of the table in Part 4, is the number of grams which corresponds to that description in the second column of that table.
PART 4Default greenhouse gas emissions from the production of biomass
Biomass
Default greenhouse gas emissions from the production of biomass (in grams)
Wood chips made from residue from forestry carried out in European temperate continental forest
1
Wood chips made from residue from forestry carried out in tropical or subtropical forest
25
Wood chips from short rotation forestry carried out in European temperate continental forest
4
Wood chips from short rotation forestry carried out in tropical or subtropical forest
28
Wood briquettes or wood pellets—
2
a
which are made from residue from forestry carried out in European temperate continental forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by wood
Wood briquettes or wood pellets—
20
a
which are made from residue from forestry carried out in tropical or subtropical forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by natural gas
Wood briquettes or wood pellets—
17
a
which are made from residue from forestry carried out in tropical or subtropical forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by wood
Wood briquettes or wood pellets—
35
a
which are made from residue from forestry carried out in European temperate continental forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by natural gas
Wood briquettes or wood pellets—
4
a
which are made from short rotation forestry carried out in European temperate continental forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by wood
Wood briquettes or wood pellets—
22
a
which are made from short rotation forestry carried out in European temperate continental forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by natural gas
Wood briquettes or wood pellets—
22
a
which are made from short rotation forestry carried out in tropical or subtropical forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by wood
Wood briquettes or wood pellets—
40
a
which are made from short rotation forestry carried out in tropical or subtropical forest; and
b
where the process to produce the wood briquettes or wood pellets was fuelled by natural gas
Charcoal made from residue from forestry carried out in European temperate continental forest
41
Charcoal made from residue from forestry carried out in tropical or subtropical forest
50
Charcoal made from short rotation forestry carried out in European temperate continental forest
46
Charcoal made from short rotation forestry carried out in tropical or subtropical forest
57
Wheat straw
2
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood
17
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas
35
Bagasse bales
20
Palm kernel
27
Rice husk briquettes
28
Miscanthus bales
7
Biogas produced from wet manure
8
Biogas produced from dry manure
7
Biogas produced from wheat, where the whole plant was used to produce the biogas
21
Biogas produced from straw
21
Biogas produced from maize, where—
34
a
the whole maize plant was used in the process to produce the biogas; and
b
the maize was not grown by organic farming methods
Biogas produced from maize, where—
19
a
the whole maize plant was used in the process to produce the biogas; and
b
the maize was grown by organic farming methods
SCHEDULE 2
S.I. 2000/3042 as amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c.37), S.I. 2001/3900 and S.I. 2011/1043. The Regulations were revoked by S.I. 2014/3263.
Lisbon Resolution L2 is entitled “Pan-European Criteria, Indicators and Operational Level Guidelines for Sustainable Forest Management”. Copies are available at http://www.foresteurope.org/ministerial_conferences/lisbon1998. Copies can also be obtained from the Department of Energy and Climate Change.
OJ No L 309, 24.11.2009, p.71.
SCHEDULE A2Land criteria
Interpretation1
In this Schedule—
“continuously forested area” means land of an area of more than one hectare which includes—
- a
trees more than 5 metres tall providing a tree canopy cover of more than 30%; or
- b
trees collectively having the capacity to provide a tree canopy cover of more than 30% which—
- i
are more than 5 metres tall; or
- ii
have the capacity to grow to a height of more than 5 metres;
“designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;
“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of woody biomass;
“greenhouse gas emissions from the use of fossil fuel” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);
“highly biodiverse grassland” is to be construed in accordance with Article 17(3)(c) of the Renewables Directive;
“lightly forested area” means land of an area of more than one hectare which includes—
- a
trees more than 5 metres tall providing a tree canopy cover of between 10% and 30%; or
- b
trees collectively having the capacity to provide a tree canopy cover of between 10% and 30% which—
- i
are more than 5 metres tall; or
- ii
have the capacity to grow to a height of more than 5 metres;
“primary forest” means woodland of native species where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed;
“relevant percentage” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);
“relevant target” has the same meaning as in Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);
“wetland area” means land that is covered with or saturated by water—
- a
permanently; or
- b
for a significant part of the year; and
“woody biomass” means biomass which—
- a
is, or is derived from, wood (other than an energy crop);
- b
is not a bioliquid.
Land criteria: bioliquids2
A consignment of bioliquid meets the land criteria if the biomaterial from which the fuel was made—
a
was not obtained from a protected source;
b
was residue (other than residue from agriculture, aquaculture, fisheries or forestry); or
c
was waste.
Land criteria: woody biomass3
A consignment of woody biomass meets the land criteria if—
a
at least 70% of the woody biomass was obtained from a sustainable source;
b
the woody biomass is used by the RO capacity of a generating station to generate electricity in a month in which at least 70% of all of the woody biomass used by the RO capacity of that generating station to generate electricity was obtained from a sustainable source; or
c
the woody biomass was certified by an environmental quality assurance scheme which ensures that at least 70% of the woody biomass certified by the scheme was obtained from a sustainable source.
Land criteria: other fuels4
A consignment of fuel (other than bioliquid or woody biomass) meets the land criteria if the biomaterial from which the fuel was made—
a
was not obtained from a protected source;
b
was residue (other than residue from agriculture, aquaculture, fisheries or forestry);
c
was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000 M20 or under an equivalent financial assistance scheme; or
d
was added to the fuel for an exempt purpose.
Protected sources5
1
For the purposes of paragraphs 2(a) and 4(a), biomaterial is obtained from a protected source if it is obtained from—
a
land which at any time during or after January 2008 was primary forest;
b
land which at any time during or after January 2008 was designated for nature protection purposes (unless the production of the biomaterial did not interfere with those nature protection purposes);
c
highly biodiverse grassland (unless the harvesting of the biomaterial was necessary to preserve the grassland status);
d
land which at any time during January 2008 was peatland (unless the cultivation and harvesting of the biomaterial did not involve the drainage of previously undrained soil);
e
a former continuously forested area;
f
except where sub-paragraph (2) or (4) applies to the biomaterial, a former lightly forested area; or
g
a former wetland area.
2
This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—
a
the fuel made from the biomaterial was not a bioliquid; and
b
the greenhouse gas emissions from the use of the fuel to generate one mega joule of electricity did not exceed the relevant target.
3
For the purposes of sub-paragraph (2)(b), the greenhouse gas emissions must be calculated using the method provided for in Part 2 of Schedule A1A (actual value method for greenhouse gas emission criteria for solid and gaseous biomass).
4
This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—
a
the fuel made from the biomaterial was a bioliquid; and
b
the greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.
5
For the purposes of sub-paragraph (4)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the method provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive.
6
For the purposes of this paragraph—
a
biomaterial was obtained from a former continuously forested area if the land—
i
was a continuously forested area at any time during January 2008; and
ii
was not a continuously forested area when the biomaterial was obtained from it;
b
biomaterial was obtained from a former lightly forested area if the land—
i
was a lightly forested area at any time during January 2008; and
ii
was not a lightly forested area or a continuously forested area when the biomaterial was obtained from it; and
c
biomaterial was obtained from a former wetland area if the land—
i
was a wetland area at any time during January 2008; and
ii
was not a wetland area when the biomaterial was obtained from it.
Sustainable source6
1
For the purposes of paragraph 3, woody biomass is obtained from a sustainable source if it—
a
was grown within an area of forest or other land which is managed—
i
in a way which is consistent with—
aa
the Forest Europe Sustainable Forest Management Criteria; or
bb
a set of international principles for the sustainable management of land which meets the requirements specified in sub-paragraph (2); and
ii
to meet the requirements specified in sub-paragraph (4);
c
was residue from arboriculture carried out in an area which was not a forest;
d
was added to the fuel for an exempt purpose; or
e
was removed for the purpose of creating, restoring or maintaining the ecosystem of an area which was not a forest.
2
The requirements specified in this sub-paragraph are that—
a
the principles have been adopted following a process (“the principle setting process”) which sought to—
i
obtain a balanced representation of the views of interest groupings;
ii
ensure that no single interest grouping could dominate the principle setting process; and
iii
ensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle setting process; and
b
can be changed by a process (“the change process”) which seeks to ensure that—
i
no single interest grouping can dominate the process; and
ii
no decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.
3
For the purpose of sub-paragraph (2), each of the following is an interest grouping in relation to the forest or other location where the wood was grown—
a
persons with interests which are predominately economic in nature;
b
persons with interests which are predominantly environmental in nature; and
c
persons with interests which are predominantly social in nature.
4
The requirements specified in this sub-paragraph are—
a
harm to ecosystems is minimised, in particular by—
i
assessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts;
ii
protecting soil, water and biodiversity;
iii
controlling the use of chemicals and ensuring that chemicals are used in an appropriate way;
iv
wherever possible, using integrated pest management; and
v
disposing of waste in a manner that minimises any negative impacts;
b
the productivity of the area is maintained, in particular by—
i
adopting plans to avoid significant negative impacts on productivity;
ii
adopting procedures for the extraction of wood that minimise the impact on other uses of the area;
iii
providing for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity; and
iv
maintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;
c
compliance with the requirements of head (b) is monitored, the results of that monitoring reviewed and planning updated accordingly;
d
the health and vitality of ecosystems is maintained, in particular by—
i
adopting plans to maintain or increase the health and vitality of ecosystems;
ii
adopting plans to deal with natural processes or events such as fires, pests and diseases; and
iii
taking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;
e
biodiversity is maintained, in particular by—
i
implementing safeguards to protect rare, threatened and endangered species;
ii
conserving key ecosystems in their natural state; and
iii
protecting features and species of outstanding or exceptional value;
f
those responsible for the management of the area (and any contractors engaged by them) comply with the local and national laws relating to health and safety and the welfare of workers;
g
those responsible for the management of the area have regard to—
i
legal, customary and traditional rights of tenure and land use;
ii
mechanisms for resolving grievances and disputes relating to tenure and land use rights, forest or land management practices and working conditions; and
iii
safeguarding the health and safety and rights of workers;
h
there is a regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in heads (a) to (g).
5
In this paragraph—
“the Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial Conference on the Protection of Forests in Europe held in June 1998 M21;
“integrated pest management” has the meaning given in Article 3(6) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides M22; and
“local and national laws” in relation to a site means laws applying in the locality in which the site is situated, whether made at a local or national level.
Exempt purposes7
For the purposes of paragraphs 4(d) and 6(1)(d), 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.
1989 c.29. Sections 32, 32B and 32C were substituted by section 37 of the Energy Act 2008 (c.32) (“the 2008 Act”). Sections 32D, 32J and 32K were inserted by said section 37. Section 32(2) contains a definition of “relevant Minister” relevant to the exercise of these powers.