§ 3 — Meaning of “business facility”

3.—(1) A business facility is a single site at which any business activity is carried out.(2) In this Act, “business activity” means any activity or series of activities (including ancillary activities) —(a)

that involves the emission of greenhouse gas; and

(b)

that forms a single undertaking or enterprise, having regard to any circumstances prescribed.

(3) For the purpose of subsection (1), where a business activity is a series of activities that is carried out at more than one parcel of land, the business activity is treated for the purposes of this Act as carried out at a single site if the same person has operational control over the business activity, and —(a)

the parcels of land are contiguous, adjacent or adjoining, or separated only by any road or pathway (whether or not providing access to the business facility), or drain or waterway; or

(b)

where paragraph (a) does not apply, there is a dependency between the activities carried out on the parcels of land, having regard to any circumstances prescribed.

(4) A series of activities may be treated as forming a single undertaking or enterprise for the purpose of subsection (2)(b) even if —(a)

any one of the activities in the series is, or any 2 or more activities in the series are, capable of being carried out as a separate and distinct business activity; or

(b)

the activities in the series are from more than one industry sector to which this Act applies.

(5) To avoid doubt, there can be more than one business facility at any parcel of land for the purposes of this Act.

—(1) A business facility is a single site at which any business activity is carried out.

(2) In this Act, “business activity” means any activity or series of activities (including ancillary activities) —(a)

that involves the emission of greenhouse gas; and

(b)

that forms a single undertaking or enterprise, having regard to any circumstances prescribed.

(3) For the purpose of subsection (1), where a business activity is a series of activities that is carried out at more than one parcel of land, the business activity is treated for the purposes of this Act as carried out at a single site if the same person has operational control over the business activity, and —(a)

the parcels of land are contiguous, adjacent or adjoining, or separated only by any road or pathway (whether or not providing access to the business facility), or drain or waterway; or

(b)

where paragraph (a) does not apply, there is a dependency between the activities carried out on the parcels of land, having regard to any circumstances prescribed.

(4) A series of activities may be treated as forming a single undertaking or enterprise for the purpose of subsection (2)(b) even if —(a)

any one of the activities in the series is, or any 2 or more activities in the series are, capable of being carried out as a separate and distinct business activity; or

(b)

the activities in the series are from more than one industry sector to which this Act applies.

(5) To avoid doubt, there can be more than one business facility at any parcel of land for the purposes of this Act.