The Environmental Permitting (England and Wales) Regulations 2016

Interpretation E+W

1.—(1) In this Schedule—

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;

“connection distance” means—

(a)

in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038, or

(b)

in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,

expressed in kilometres;

“cost-benefit analysis” means a cost-benefit analysis in accordance with Part 2 to Annex IX to the Energy Efficiency Directive;

“economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

“high-efficiency cogeneration” means cogeneration meeting the criteria laid down in Annex II to the Energy Efficiency Directive;

“installation” means—

(a)

a stationary technical unit where one or more activities listed in Part 2 of Schedule 1 are carried on, F1 ...

(b)

a small waste incineration plant[F2 ; or

(c)

a medium combustion plant];

“relevant installation” means an installation carrying on—

(a)

an activity described in Part A(1) of Section 1.1 of Part 2 of Schedule 1,

(b)

an activity described in Part A(1) of Section 5.1 of Part 2 of Schedule 1,

(c)

an activity described in paragraph (a) of Part B of Section 1.1 of Part 2 of Schedule 1, F3 ...

(d)

a small waste incineration plant operation[F4 ; or

(e)

a medium combustion plant operation];

“substantially refurbished” means, subject to sub-paragraph (2)(e), a refurbishment the cost of which exceeds 50% of the investment cost for a new comparable energy plant.

(2) For the purposes of this Schedule—

(a) the definition of “offshore platform” in paragraph 3 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs,

(b) the definition of “petroleum” in paragraph 4 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation,

(c) a reference to an installation means an installation which has a net rated thermal input exceeding 20 megawatts,

(d) where two or more small waste incineration plants falling within Schedule 13 with an aggregate net thermal input exceeding 20 megawatts are operated on the same site by the same operator, those small waste incineration plants must be treated as a single installation with a rated thermal input exceeding 20 megawatts, and

(e) refurbishment does not include the fitting of equipment to carry out the activity described in Part A(1) of Section 6.10 of Part 2 of Schedule 1.

Textual Amendments

F1 Word in Sch. 24 para. 1(1) omitted (30.1.2018) by virtue of The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 15(a)(i)

F2 Words in Sch. 24 para. 1(1) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 15(a)(ii)

F3 Word in Sch. 24 para. 1(1) omitted (30.1.2018) by virtue of The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 15(b)(i)

F4 Words in Sch. 24 para. 1(1) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 15(b)(ii)