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28.—(1) This regulation applies in relation to biomethane produced for injection, including additional biomethane, where in any payment year less than 50% of the total biogas yield is derived from waste or residue.
(2) Where this regulation applies, the sum of the periodic support payments for a payment year must be reduced to the amount calculated in accordance with the following formula—
where—
A is the sum of the periodic support payments for biogas or biomethane for that payment year calculated in accordance with regulation 27 (periodic support payments to producers of biomethane), and
B is the proportion of the total biogas yield for that payment year which is not derived from waste or residue, expressed as a decimal and rounded to four decimal places.
(3) To account for the reduction calculated under paragraph (2), the Authority must—
(a)offset the amount by which the periodic support payments for that payment year have been reduced against periodic support payments in the subsequent payment year, or
(b)where the payment year is the participant’s final payment year, require the participant to repay the amount by which the periodic support payments for that payment year have been reduced.
(4) Where a participant is required to repay an amount under paragraph (3)(b) and fails to make payment in full by the date specified by the Authority, the Authority may recover any outstanding sum as a civil debt.
(5) For the purposes of this regulation—
“biogas yield” means the energy content of any biogas produced by anaerobic digestion which is an ingredient of that biomethane, and
“payment year” means any 12 month period beginning with the tariff start date, or with the anniversary of the tariff start date.
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