Paragraph 38 I1

(1)

The generating station comprised in Work No. 1 shall not operate using gas supplied by Work No. 2a unless—

(a)

the fuel used to supply the gas comprises biomass only; or

(b)

the Secretary of State has given in consent in writing to the plant being so operated and—

(i)

capture equipment is installed F1for the pre-combustion CCS proposal;

(ii)

the Secretary of State has either—

(aa)

provided pursuant to any enactment that some or all of the emissions from the authorised development are not to be treated as emissions from fossil fuel; or

(bb)

otherwise issued a direction pursuant to any enactment that the emissions duty of the undertaker is modified or suspended; or

(iii)

an exemption period under section 58 of the Energy Act 2013^f1 is applicable to the CCS claim (or any part of it) serving the authorised development.

(2)

Where the capture equipment referred to in this requirement comprises alternative technology to that comprised in Work No. 2a (such as F2the post-combustion CCS proposal) the generating station comprised in Work No. 1 shall not operate except where it is fuelled wholly or principally by natural gas.

(3)

Work No. 2a shall not be operated as allowed by paragraph (1)(b)(i) unless—

(a)

the onshore and offshore pipelines, and other apparatus required to connect the authorised development to a site or sites for the storage of captured carbon have been constructed;

(b)

a licence for the use of the site or sites for the storage of captured carbon is in place; and

(c)

an environmental permit has been granted for the operation of the authorised development with gas supplied by Work No. 2a which incorporates conditions relating to the operation of the CCS chain,

provided that where and for so long as an environmental permit authorises operation without compliance with sub-paragraph (a) or (b), those sub-paragraphs shall not apply.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 3 para. 38(1)(b)(i) substituted (17.9.2021) by The North Killingholme (Generating Station) (Amendment) Order 2021 (S.I. 2021/1055), arts. 1, 5(6)
F2: Words in Sch. 1 Pt. 3 para. 38(2) substituted (17.9.2021) by The North Killingholme (Generating Station) (Amendment) Order 2021 (S.I. 2021/1055), arts. 1, 5(7)

Commencement

I1: Sch. 1 Pt. 3 para. 38 in force at 2.10.2014, see art. 1

Footnotes

f1: 2013 c.32.