The Greenhouse Gas Emissions Trading Scheme Regulations 2003

Applications to surrender a greenhouse gas emissions permit

15.—(1) Where an operator has ceased carrying out the Schedule 1 activities authorised by a greenhouse gas emissions permit (in whole or in part), the operator may—

(a) if he has ceased carrying out all of the Schedule 1 activities covered by the greenhouse gas emissions permit, apply to the regulator to surrender the whole permit;

(b) in any other case, apply to the regulator to surrender the greenhouse gas emissions permit in so far as it authorises the carrying out of the particular Schedule 1 activities (“the surrender activities”) which he has ceased carrying out (a “partial surrender”).

(2) An application under paragraph (1) shall, except where the application relates to an offshore installation, be accompanied by the fee prescribed in respect of the application in regulation 17, and shall contain the following information—

(a) the operator’s telephone number and postal address and, if different, any address to which correspondence relating to the application should be sent;

(b) in the case of a partial surrender, a description of the surrender activities and a description identifying the part of the installation in which the surrender activities were carried out; and

(c) except where the application relates to an excluded installation, a report specifying the reportable emissions from the installation or, in the case of a partial surrender, the reportable emissions from the part of the installation relating to the surrender activities, from the beginning of the scheme year until the date on which the operator ceased carrying out the surrender activities, which report shall be prepared and verified in accordance with the relevant monitoring and reporting conditions.

(3) Where—

(a) the application relates to an excluded installation; or

(b) the operator has surrendered allowances equal to—

(i) the reportable emissions specified in a report referred to in paragraph (2)(c);

(ii) where an operator has failed to comply with a condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of the previous scheme year, the annual reportable emissions in respect of which the operator failed to comply with that condition in that year;

(iii) where an application to surrender is made in the scheme year following discovery of an error in the report submitted by an operator under a monitoring and reporting condition in relation to any scheme year, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of that scheme year; and

(iv) where a supplementary decision has been made under regulation 19(9), the total number of allowances which have been issued under regulation 20(3)(b) in respect of the installation which would not have been included in a decision under regulation 19(1)(b) or, if applicable, 19(1)(c) in respect of the installation if the statement referred to in regulation 19(9)(a) had not been false or misleading,

the regulator shall accept the application for surrender or partial surrender of the greenhouse gas emissions permit and give the operator notice of its determination and the greenhouse gas emissions permit shall cease to have effect or, in the case of a partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.

(4) If, in the case of a partial surrender, the regulator is of the opinion that it is necessary to vary the conditions included in the greenhouse gas emissions permit to take account of the surrender, the regulator shall specify the necessary variations in the notice of determination given under paragraph (3) and the variations specified in the notice shall take effect on the date specified in the notice.

(5) If neither of the conditions for surrender in paragraph (3) is met, the regulator shall give to the operator notice of its determination stating that the application has been refused.

(6) The regulator shall give notice of its determination of an application under this regulation within the period of three months beginning with the date on which the regulator receives the application or within such longer period as the regulator and the operator may agree in writing.

(7) If the regulator fails to give notice of its determination accepting the surrender or refusing the application within the period allowed by or under paragraph (6) the application shall, if the operator notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.

(8) The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining an application under this regulation.

(9) Where a notice is served on an operator under paragraph (8)—

(a) for the purpose of calculating the period of three months mentioned in paragraph (6), no account shall be taken of the period beginning with the date on which the notice is served and ending on the date on which the information specified in the notice is furnished; and

(b) if the specified information is not furnished within the period specified the application shall, if the regulator gives notice to the operator that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.