Regulation 2 InterpretationI1

In these Regulations—

• “the Act” means the Finance Act 2000;

• F1“the administrator” means the Environment Agency;

• F2“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste F3, as last amended by F4Directive (EU) 2018/851;

• “aircraft” includes gliders and missiles;

• F5“biomass” includes biomass in solid, liquid or gaseous form;

• “coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material;

• F6“data facility” means a room, or rooms sharing the same electricity supply circuit, occupied mainly or exclusively by computer equipment which is enabled to transfer data electronically, and where in respect of the room or rooms—

  1. (a)

     the temperature and humidity is regulated in connection with the operation of the computer equipment;

  2. (b)

     the electricity supply is at least 200kW; and

  3. (c)

     electricity is supplied by a back-up electricity supply when the mains supply is interrupted;

• “eligible process” means a process or activity or a combination of processes or activities listed in the Schedule to these Regulations carried out at an installation or site;

• “food” includes—

  1. (a)

     drink,

  2. (b)

     articles and substances of no nutritional value which are used for human consumption, and

  3. (c)

     articles and substances used as ingredients in the preparation of food;

• F7“greenfield facility” means a facility which started to carry out the process by virtue of which it is a facility within the meaning of paragraph 50 of Schedule 6 to the Act during the 12 month period ending on the date the operator applies for the facility to be covered by an agreement;

• “hazardous waste” means waste which displays any of the characteristics listed in Annex III of the Waste Framework Directive;

• “installation” means—

  1. (a)

     an installation falling within any one or more of the descriptions of installations set out in the Table to paragraph 51 of Schedule 6 to the Act; or

  2. (b)

     an installation covered by paragraph 51 of Schedule 6 to the Act by virtue of the Climate Change Agreements (Energy-intensive) Regulations 2006^f1 carrying out an eligible process;

• “non-renewable fuel” means a relevant commodity other than biomass;

• “reckonable energy” has the meaning given by regulation 4;

• “recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;

• “relevant commodities” means—

  1. (a)

     taxable commodities;

  2. (b)

     hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979^f2;

  3. (c)

     any mixture of gases which originates from an oil refinery;

  4. (d)

     biomass;

  5. (e)

     non-renewable waste;

• “renewable fuel” means biomass;

• F8“semi-processing” means debarking and sawing an unprocessed log;

• “unprocessed log” means a log from which the branches have been removed, but to which no other processing has been applied;

• “waste” means anything that—

  1. (a)

     is waste within the meaning of Article 3(1) of the Waste Framework Directive; and

  2. (b)

     is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

• “waste incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

• “waste co-incineration plant” means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated.