(This note is not part of the Regulations)
Part 3 of the Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. 2005/2903) (“the 2005 Regulations”) establishes an application procedure by which a person may apply to the Secretary of State for approval of one of the project activities established under the Kyoto Protocol or for authorisation to participate in such a project activity. Such approval and/or authorisation is required under international rules made pursuant to the Kyoto Protocol. These Regulations amend Part 3 of the 2005 Regulations to provide that the Environment Agency must determine applications for the above projects on or after 1st June 2011 except where the Secretary of State requests it to refer an application to the Secretary of State. The Environment Agency is required to consult the Secretary of State in relation to certain categories of application. These Regulations also require the payment of fees in relation to applications under Part 3 of the 2005 Regulations until 6th April 2011.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change’s International Energy and Climate Change Division (telephone 0300 060 4000) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website ( www.opsi.gov.uk).