The Environmental Permitting (England and Wales) Regulations 2016

[F1 Interpretation – relevant dates and permitting dates E+W

3.— (1) The “relevant date” in relation to a generator means—

(a) 1st January 2019, in the case of a Tranche B generator;

(b) 1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

(i) has an emission of nitrogen oxides of equal to or greater than 500mg/Nm³, and

(ii) operates for more than 50 hours per year;

(c) 1st January 2025, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

(i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

(ii) operates for less than or equal to 50 hours per year;

(d) 1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.

(2) The “permitting date”—

(a) in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

(b) in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

(3) For the purposes of sub-paragraph (1)—

“Tranche A generator” means a generator—

(a)

with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—

(i)

which came into operation before 1st December 2016,

(ii)

which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), or

(iii)

for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;

(b)

with a rated thermal input of less than 1 megawatt—

(i)

which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),

(ii)

for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; or

(iii)

which is the subject of an agreement to provide balancing services entered into before 31st October 2017,

provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;

“Tranche B generator” means any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator).

(4) For the purposes of sub-paragraph (1), in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.]

Textual Amendments

F1 Schs. 25A, 25B inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 16