8. Solid biomass which is not wood or derived wholly from wood, or which is an energy crop, meets the land criteria if it—
(a)was not obtained from a protected source;
(b)was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000(1) or under an equivalent financial assistance scheme;
(c)was residue (other than residue from agriculture, aquaculture, fisheries or forestry).
9. Material added to solid biomass for an exempt purpose shall be disregarded for the purposes of paragraph 8.
10. Solid biomass 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)except where paragraph 11 applies, land which at any time during or after January 2008 was designated for nature protection purposes;
(c)highly biodiverse grassland unless the harvesting is necessary to preserve the grassland status;
(d)except where paragraph 12 applies, land which at any time during January 2008 was peatland;
(e)a former continuously forested area; or
(f)a former wetland area.
11. This paragraph applies if the production of the solid biomass did not interfere with the nature protection purposes for which the land was designated.
12. This paragraph applies if the cultivation and harvesting of the solid biomass did not involve the drainage of previously undrained soil.
S.I. 2000/3042, revoked by S.I. 2014/3263.