The Environmental Permitting (England and Wales) Regulations 2016

[F1Interpretation – specified generatorsE+W

This section has no associated Explanatory Memorandum

2.—(1) In this Schedule—

“generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—

(a)

an electricity transmission system or distribution system, or

(b)

other apparatus, equipment or appliances at a site, and is performing a function that could be performed by a generator that is not mobile;

“specified generator” means—

(a)

a generator, other than an excluded generator, with a rated thermal input—

(i)

more than or equal to 1 megawatt and less than 50 megawatts, or

(ii)

in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts;

(b)

where two or more generators falling with paragraph (a)(i) or (ii) are operated—

(i)

on the same site,

(ii)

by the same operator, and

(iii)

for the same purpose,

those generators together, provided that the rated thermal input of those generators together is less than 50 megawatts; or

(c)

where two or more generators, other than excluded generators—

(i)

are operated as set out in paragraph (b)(i) to (iii), and

(ii)

together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,

those generators together.

(2) For the purposes of paragraph (1)—

“excluded generator” means—

(a)

generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,

(b)

generators operating with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation,

(c)

back-up generators operated for the purpose of testing for no more than 50 hours per year,

(d)

generators installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,

(e)

generators installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;

“mobile”, in relation to a generator, means designed to move or be moved whether on roads or other land.

(3) In sub-paragraph (2), “offshore platform” means any fixed or floating structure which—

(a)is used for the purposes of or in connection with the production of petroleum, and

(b)in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

(4) In sub-paragraph (3), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.]

Textual Amendments