Regulation 9 Amendment of Schedule 3 (prescribed date and transitional arrangements)
In Part 2 (Part B and Part C installations and mobile plant) of Schedule 3, for paragraph 5, substitute—
“5.(1)Save as set out in sub-paragraphs (2) and (3), the prescribed date for a Part B or Part C installation or a Part B or Part C mobile plant is 7th January 2013.
(2)In the case of an installation or mobile plant, which will carry out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which comes into operation in the period from the operational date, the prescribed date is the operational date.
(3)In the case of an installation or mobile plant, carrying out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which came into operation in the period ending on the operational date, the prescribed date shall be the date on which the plant is first operated, after a substantial refurbishment first takes place in the period from the operational date.
Interpretation of Part 2
“operational date” means, the date on which the Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 come into operation;
“substantial refurbishment” means, in relation to paragraph 5, a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Schedule 1 shall not be considered as refurbishment; and
“unit” means any boilers, furnaces, kilns, turbines or engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.”.