The Renewables Obligation Order (Northern Ireland) 2009

1. Introductory Text

2. PART 1 Introductory Provisions

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Waste as a renewable energy source

   4. 4. Biomass and fuels which are to be treated as biomass

   5. 4A. Fossil derived bioliquid

3. PART 2 The Renewables Obligation

   1. 5. The renewables obligation

   2. 6. Part of calculation A referable to Great Britain

   3. 7. Part of calculation A referable to Northern Ireland

   4. 8. Calculation A

   5. 9. Calculation B

   6. 10. Calculation C

   7. 11. Determining the number of renewables obligation certificates to be produced in an obligation period

   8. 12. Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation

   9. 13. Further provision in relation to the production of renewables obligation certificates

4. PART 3 Matters to be certified by and content of NIROCs

   1. 14. Matters to be certified by NIROCs

   2. 15. When electricity is to be regarded as supplied to customers in Northern Ireland

   3. 16. When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order

5. PART 4 Cases and circumstances when a NIROC must not be issued

   1. 17. Excluded generating stations

   2. 18. Generating stations first commissioned before 1st January 1990

   3. 18A. Generating stations accredited for longer than 20 years

   4. 19. Generating stations in respect of which a NFFO arrangement applied but was terminated

   5. 20. Non-commissioned generating stations in respect of which a NFFO arrangement applies

   6. 21. Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources

   7. 21ZA. Circumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass

6. PART 5 NIROCs to be issued by Authority in respect of renewable output

   1. 22. NIROCs to be issued by Authority in respect of a generation station’s renewable output

   2. 21A. Circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid

   3. 21B. Common agricultural policy requirements

   4. 23. Calculating a generating station’s renewable output

   5. 24. Renewable output of a qualifying combined heat and power generating station

7. PART 6 Banding and Grandfathering

   1. 25. The amount of electricity to be stated in each NIROC

   2. 26. Electricity generated by qualifying combined heat and power generating stations

   3. 26A. High-range co-firing in the 2013/14 obligation period

   4. 26B. Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods

   5. 26C. Low-range co-firing in the 2013/14 and 2014/15 obligation periods

   6. 26D. Low-range co-firing of relevant energy crops

   7. 26E. Low-range co-firing of relevant energy crops with CHP

   8. 27. Microgenerators and qualifying new small scale generators

   9. 27A. Qualifying new onshore wind stations and qualifying new solar photovoltaic stations

   10. 27B. Qualifying new hydro stations

   11. 27C. Qualifying new anaerobic digestion stations

   12. 27D. Microgeneration Certification Scheme

   13. 28. Generating stations which were accredited as at 11th July 2006

   14. 28A. Wave and tidal stream generating stations

   15. 29. Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

   16. 29A. Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations

   17. 29B. Qualifying existing hydro stations

   18. 30. Generating stations in respect of which a statutory grant has been awarded

   19. 31. Review of banding provisions

8. PART 7 Issue and Revocation of NIROCs

   1. 32. Issue of NIROCs to generators and suppliers

   2. 33. Issue of NIROCs to agents

   3. 34. General criteria for the issue of NIROCs

   4. 35. Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order

   5. 36. Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order

   6. 37. Refusing to issue and revoking NIROCs

   7. 37A. Where NIROCs cannot be revoked

   8. 38. NIROCs: financial bids

9. PART 8 Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds

   1. 39. Interpretation

   2. 40. Payments to discharge the renewables obligation

   3. 41. Late Payments to discharge the renewables obligation

   4. 42. Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority

   5. 43. Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority

   6. 44. Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers

10. PART 9 Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances

    1. 45. Provisions of information to the Authority

    2. 46. Information to be provided to the Authority where electricity is generated from biomass ...

    3. 46A. Bioliquid sustainability audit report

    4. 46B. Solid and gaseous biomass sustainability audit report

    5. 47. Provision of information to the Department

    6. 48. Exchange of information with the Great Britain authority

    7. 49. Functions of the Authority

    8. 50. Preliminary accreditation and accreditation of generating stations

    9. 50A. Registration as a grace period generating station

    10. 51. NIROC Register

    11. 52. Modification of this Order in relation to microgenerators in certain circumstances

    12. 53. Revocation, transitional and savings

11. Signature

12. 1. SCHEDULE A1

       GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID

       1. 1. Interpretation

       2. 2. The greenhouse gas emission criteria

       3. 3. Calculating the percentage difference

       4. 4. The mixed value method must not be used for the...

       5. 5. Where the mixed value method is used for the purposes...

       6. 6. The default percentage must not be used for the purposes...

    2. SCHEDULE A1A

       Greenhouse gas emission criteria for solid and gaseous biomass

       1. PART 1 Greenhouse gas emission criteria

          1. 1. Interpretation

          2. 2. The greenhouse gas emission criteria

          3. 3. Calculating the greenhouse gas emissions

          4. 4. The default value method must not be used to calculate...

          5. 5. For the purposes of paragraph 4(c), paragraph 7 of Part...

       2. PART 2 Actual value method

          1. 6. Where the greenhouse gas emissions from the use of biomass...

          2. 7. In paragraph (6)— (a) η e l is equal to...

       3. PART 3 Default value method

          1. 8. The greenhouse gas emissions from the use of biomass are...

          2. 9. In paragraph (8)— (a) η e l , η h...

       4. PART 4 Default greenhouse gas emissions from the production of biomass

    3. SCHEDULE A2

       LAND CRITERIA

       1. 1. Interpretation

       2. 2. Land criteria: bioliquids

       3. 3. Land criteria: woody biomass

       4. 4. Land criteria: other fuels

       5. 5. Protected sources

       6. 6. Sustainable source

       7. 7. Exempt purposes

    4. SCHEDULE 1

       CALCULATION OF THE OBLIGATION

    5. SCHEDULE 2

       ELECTRICITY TO BE STATED IN NIROCs

       1. PART 1 INTERPRETATION

          1. 1. (1) In this Schedule— “2009/11 dedicated biomass generating station” means...

       2. PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

       3. PART 2A AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY AND 2014/15 CAPACITY

       4. PART 2B AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY OR POST-2016 CAPACITY

       5. PART 2C AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 26(3) OR (4) APPLIES

       6. PART 2D AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 26(5) OR (6)APPLIES

       7. PART 2E AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 26(7) APPLIES

       8. PART 3 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(3) APPLIES

       9. PART 4 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES

    6. SCHEDULE 3

       The NIROC Register

       1. 1. The Authority must maintain the Register referred to in Article...

       2. 2. The Register must identify whether or not a NIROC subsists...

       3. 3. Particulars of a NIROC comprise— (a) the name of the...

       4. 4. A person may only be the registered holder of a...

       5. 5. The Authority may from time to time draw up procedural...

       6. 6. The Authority must delete from the Register—

       7. 7. Where the registered holder of a NIROC and a person...

       8. 8. Where the Authority receives requests under paragraph 7(a) it must...

       9. 9. Where— (a) a NIROC is issued under this Order, or...

       10. 10. The substitute cannot be the registered holder of a NIROC...

       11. 11. The Register may be amended by a decision of the...

       12. 12. The contents of the Register (including the entries referred to...

       13. 13. Where any person considers that an entry maintained in respect...

       14. 14. The Authority must in any procedural guidelines which it produces...

       15. 15. “Banking day” means a day on which banks are generally...

    7. SCHEDULE 3A

       ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

       1. 1. The greenhouse gas emissions from the use of biomass are...

       2. 2. In this Schedule— (a) η e l is equal to...

    8. SCHEDULE 3B

       DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

       1. PART 1 METHOD FOR CALCULATING EMISSIONS

          1. 1. The greenhouse gas emissions from the use of biomass are...

          2. 2. In this Schedule— (a) η e l , η h...

       2. PART 2 DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS

13. Explanatory Note