Article 3 Amendments to article 2 of the 2009 Order (interpretation)

Article 2 of the 2009 Order is amended as follows.

In paragraph (1), at the appropriate place insert—

• ““biomaterial” means the biodegradable part of—

  1. (a)

     products, waste and residues of biological origin resulting from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); and

  2. (b)

     industrial, commercial and municipal waste;”;

• ““fossil derived bioliquid” means bioliquid produced directly or indirectly from—

  1. (a)

     coal,

  2. (b)

     lignite,

  3. (c)

     natural gas (within the meaning of the Energy Act 1976^f1),

  4. (d)

     crude liquid petroleum, or

  5. (e)

     petroleum products (within the meaning of the Energy Act 1976);”;

• ““greenhouse gas emission criteria” means the criteria set out in Schedule A1;”;

• ““land criteria” means the criteria set out in Schedule A2;”;

• ““offshore”, in relation to a generating station which generates electricity from wind, means a generating station which—

  1. (a)

     has its wind turbines situated wholly in offshore waters; and

  2. (b)

     is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;”;

• ““registrable additional turbine” means a wind turbine which—

  1. (a)

     forms part of the capacity of a generating station which is offshore;

  2. (b)

     does not form part of the capacity of the station as accredited; and

  3. (c)

     was not used to generate electricity before 1st April 2011;”;

• ““Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in Schedule A1 to this Order references to Annex 5 to the Renewables Directive are to Annex 5 as amended from time to time;”; and

• ““sustainability information” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria;”.

In paragraph (1), for the definition of “total installed capacity” substitute—

• ““total installed capacity” means—

  1. (a)

     in relation to a generating station, the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);

  2. (b)

     in relation to a wind turbine, the maximum capacity at which the turbine could be operated for a sustained period without causing damage to it (assuming there was no interruption to the wind powering it);”.

In paragraph (2), after each reference to “waste” insert “, fossil derived bioliquid”.

For paragraph (4) substitute—

“(4)

The fuels referred to in paragraph (3) are—

(a)

fossil derived bioliquid;

(b)

bioliquid (not being fossil derived bioliquid);

(c)

biomass (not being bioliquid);

(d)

waste which constitutes a renewable source (not being bioliquid or biomass);

(e)

fossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)).”.