The Greenhouse Gas Emissions Trading Scheme Regulations 2003

Determination of applications and grant of greenhouse gas emissions permits

9.—(1) The regulator shall give notice of its determination of an application for a greenhouse gas emissions permit within a period of two months beginning on the date on which it received the application or within such longer period as may be agreed in writing with the applicant.

(2) For the purpose of calculating the period of two months mentioned in paragraph (1) no account shall be taken of any period beginning with the date on which notice is served on the applicant under regulation 8(6) and ending on the date on which the applicant furnishes the information specified in the notice.

(3) If a regulator fails to give notice of its determination of an application for a greenhouse gas emissions permit within the period allowed by or under paragraph (1), the application shall, if the applicant notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.

(4) Subject to paragraph (5), where an application is duly made to the regulator, the regulator shall either grant the greenhouse gas emissions permit subject to the conditions required or authorised to be imposed by regulation 10 or refuse the application.

(5) A greenhouse gas emissions permit shall not be granted if the regulator—

(a) considers that the stationary technical unit described in the application does not, or will not when it is put into operation, fall within the definition of an installation in regulation 2;

(b) considers that the applicant will not be the operator of the installation concerned after the grant of the permit; or

(c) is not satisfied that the applicant will ensure that the installation is operated so as to comply with the monitoring and reporting conditions which would be included in the permit.

(6) A greenhouse gas emissions permit may authorise the operation of more than one installation on the same site operated by the same operator but may not otherwise authorise the operation of more than one installation.

(7) A greenhouse gas emissions permit authorising the operation of an installation shall include—

(a) the name and postal address of the operator and, if different, any address to which correspondence should be sent;

(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);

(c) a description of the site and the location of the installation on that site;

(d) a description of the installation, the Schedule 1 activities to be carried out in the installation and the specified emissions from those activities.

(8) Where—

(a) the conditions of a greenhouse gas emissions permit have been varied under regulation 13 or affected by a partial transfer, surrender or revocation under regulations 14 to 16; or

(b) there is more than one greenhouse gas emissions permit applying to installations on the same site operated by the same operator,

the regulator may replace the permit with a consolidated permit applying to the same Schedule 1 activities and subject to the same conditions as the permit being replaced.