Regulation 4 Changes to development consent orders: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

at the end of paragraph (1) after “(“the modified plant”)” insert “(but see paragraph (1A))”;

after paragraph (1) insert—

“(1A)

The Welsh Ministers must not—

(a)

change a consent order in respect of a combustion plant in Wales with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of between 300 and 350 megawatts; or

(b)

change a relevant consent order in respect of a devolved combustion plant in such a way as to enable a combustion plant to increase its rated electrical output to a maximum of 350 megawatts,

unless the Welsh Ministers have determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed (“the modified plant”).”;

in paragraph (2) after “determination under paragraph (1)” insert “and the Welsh Ministers’ determination under paragraph (1A)”;

in paragraph (3)(a) after “determines” insert “under paragraph (1)”;

after paragraph (3) insert—

“(3A)

If the Welsh Ministers—

(a)

determine under paragraph (1A) that the CCR conditions are met in relation to a combustion plant; and

(b)

decide to—

(i)

change a consent order in respect of that plant in the way described in paragraph (1A)(a); or

(ii)

change a relevant consent order in respect of that plant in the way described in paragraph (1A)(b),

the Welsh Ministers must ensure that the consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO₂ that would otherwise be emitted from the plant.”