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The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 No. 145

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, amend the Renewable Heat Incentive Scheme Regulations 2011 (“the 2011 Regulations”) and the Domestic Renewable Heat Incentive Scheme Regulations 2014 (“the 2014 Regulations”), to impose requirements on solid biomass or biogas used to generate heat and on biomethane which is injected. These requirements will, from 5th October 2015, require compliance with lifecycle greenhouse gas emission limits and restrict the place from which solid biomass or feedstock for biogas or biomethane can be sourced.

Regulation 3 inserts definitions of approved sustainable fuel and energy crops into regulation 2 of the 2011 Regulations.

Regulation 6 amends the ongoing obligations in regulation 34 of the 2011 Regulations to require record keeping in relation to approved sustainable fuel.

Regulation 7 inserts a new Chapter 4 into the 2011 Regulations comprising new regulations 36A to E.

The new regulation 36A provides for further definitions which are specific to the new chapter 4, in particular definitions of greenhouse gas criteria, land criteria and sustainable solid biomass, biogas and biomethane.

The new regulation 36B provides for a new ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane.

The new regulation 36C requires participants to provide declarations and information to the Authority relating to sustainable solid biomass, biogas and biomethane.

The new regulation 36D requires sustainability audit reports subject to certain exceptions.

The new regulation 36E gives power for the Secretary of State to approve schemes for the listing of approved sustainable fuels for the purposes of these Regulations, and to deem certain fuels compliant with the requirements in regulation 36B.

Regulation 9 inserts a new Schedule 2A relating to greenhouse gas criteria and a new Schedule 2B relating to land criteria for sustainable biomass.

Regulation 12 amends regulation 41 of the 2014 Regulations to introduce a requirement for annual declarations in relation to sustainability.

Regulation 13 provides for a new ongoing obligation in the 2014 Regulations to use only sustainable solid biomass which is an approved sustainable fuel in an accredited domestic plant.

Documents which can be obtained from the British Standards Institution at www.bsigroup.com can also be obtained from the British Standards Institution customer services at 389 Chiswick High Road, London, W4 4AL upon payment of a fee.

Documents which can be obtained from www.ifac.org can also be obtained from the International Federation of Accountants, 6th Floor, 529 5th Avenue, New York, New York 10017, USA.

Documents which can be obtained from www.foresteurope.org can also be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2AW.

A draft of these Regulations was notified to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998 p. 37) as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

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