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Regulation 25 Producers of biomethane

Original text. Later amendments are not shown.

(1)

A producer of biomethane for injection may apply to the Department to be registered as a participant.

(2)

Applications for registration must be in writing and supported by—

(a)

such of the information specified in Schedule 1 as the Department may require;

(b)

a declaration that the information provided by the applicant is accurate to the best of the applicant’s knowledge and belief;

(c)

details of the process by which the applicant proposes to produce biomethane and arrange for its injection; and

(d)

a notice given in accordance with paragraph (6).

(3)

The Department may in registering an applicant attach such conditions as it considers appropriate.

(4)

Where the application for registration is properly made in accordance with paragraph (2), the Department must (subject to paragraphs (5) to (8))—

(a)

notify the applicant in writing that registration has been successfully completed and the applicant is a participant;

(b)

enter on a central register maintained by the Department the date of registration and the applicant’s name;

(c)

notify the applicant of any conditions attached to their registration as a participant; and

(d)

send the applicant a statement of eligibility including such of the information specified in regulation 22(6)(f) as the Department considers applicable.

(5)

The Department may refuse to register an applicant if the applicant has indicated that one or more of the applicable ongoing obligations will not be complied with.

(6)

The Department must not register an applicant unless that applicant has given notice (which the Department has no reason to believe is incorrect) that no grant from public funds has been paid or will be paid or other public support has been provided or will be provided in respect of any of the equipment used to produce the biomethane for which the applicant is intending to claim periodic support payments.

(7)

The Department must not register an applicant if it would result in periodic support payments being made to more than one participant for the same biomethane.

(8)

The Department must not register the applicant unless, at the time of making the application, injections of biomethane produced by that applicant has commenced.

(9)

In this regulation, “grant from public funds” and “public support” have the meanings given in regulation 23(2).