The Greenhouse Gas Emissions Trading Scheme Regulations 2003

Applications for greenhouse gas emissions permits

8.—(1) An application for a greenhouse gas emissions permit shall be made to the regulator in accordance with this regulation and shall, except where the application relates to an offshore installation, be accompanied by the fee prescribed in respect of the application in regulation 17.

(2) An application under paragraph (1) shall contain the following information—

(a) the name of the applicant, his telephone number and postal address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the postal address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 1985(1) or, in relation to Northern Ireland, article 4 of the Companies (Northern Ireland) Order 1986(2)), the name of the ultimate holding company and the postal address of its principal office;

(b) the postal address of the site of the installation and its national grid reference (or for offshore installations equivalent information identifying the installation and its location), a description of that site and the location of the installation on that site;

(c) a description of the installation and the Schedule 1 activities to be carried out in the installation including a description of the technology used;

(d) the raw and auxiliary materials used in carrying out Schedule 1 activities in the installation, the use of which is likely to lead to specified emissions;

(e) the sources of specified emissions from the Schedule 1 activities carried out in the installation;

(f) a description of the measures which are planned to monitor and report specified emissions;

(g) a description, including the reference number, of any environmental licence issued in relation to the installation;

(h) any additional information which the applicant wishes the regulator to take into account in considering the application; and

(i) a non-technical summary of the information referred to in sub-paragraphs (c) to (h).

(3) For the purpose of paragraph (2)(g), “environmental licence” means—

(a) an authorisation under Part I of the Environmental Protection Act 1990(3) or the Industrial Pollution Control (Northern Ireland) Order 1997(4); or

(b) a permit granted under—

(i) the England and Wales Regulations;

(ii) the Scotland Regulations;

(iii) the Offshore Regulations; or

(iv) the Northern Ireland Regulations.

(4) Where an application is for a greenhouse gas emissions permit to operate more than one installation the application shall contain the information required by paragraph (2) in relation to each installation.

(5) Where, before the entry into force of these Regulations, a person has made to the regulator an application which, if made after the entry into force of these Regulations would have complied with paragraph (1), it shall be deemed to be an application under paragraph (1) made on the date of entry into force of these Regulations.

(6) The regulator may, by notice to the applicant, 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 the application and if the applicant fails to furnish the specified information within the period specified, the application shall, if the regulator gives notice to the applicant that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.

(1)

1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (1989 c. 40).

(2)

S.I. 1986/1032 (N.I. 6), amended by S.I. 1990/1504 (N.I. 10); there is other amending legislation but none of it is relevant.

(3)

1990 c. 43.

(4)

S.I. 1997/2777 (N.I. 18), to which there are amendments not relevant to these Regulations.