The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019

• Citation: S.I. 2019/294 (W.)
• Sections: 5

Section 1 Title, commencement and application

(1) The title of these Regulations is the Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 and they come into force on 1 April 2019.

(2) These Regulations apply in relation to Wales.

Section 2 Amendment of the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 are amended as set out in regulations 3 to 5 .

Section 3 Interpretation

In regulation 2(1) (interpretation) at the appropriate places insert the following definitions—

“the 1990 Act” means the Town and Country Planning Act 1990 ;

“devolved combustion plant” means a combustion plant in Wales with a related electrical output of between 300 and 350 megawatts;

“local planning authority” and “planning permission” have the meanings given in section 336 of the 1990 Act ;

“relevant planning authority” means in relation to a relevant planning permission—

where the development to which the application relates is of national significance for the purposes of section 62D of the 1990 Act , the Welsh Ministers;

in all other cases, the local planning authority;

“relevant planning permission” means a planning permission—

for the construction of a devolved combustion plant; or

for an extension or alteration to a combustion plant in Wales which will have the effect of increasing the rated electrical output of the plant to between 300 and 350 megawatts;

Section 4 Changes to development consent orders: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

In regulation 4 (changes to development consent orders)—

(a) at the end of paragraph (1) after “(“the modified plant”)” insert “(but see paragraph (1A))”;

(b) after paragraph (1) insert—

(1A) The Welsh Ministers must not—

(a) change a consent order in respect of a combustion plant in Wales with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of between 300 and 350 megawatts; or

(b) change a relevant consent order in respect of a devolved combustion plant in such a way as to enable a combustion plant to increase its rated electrical output to a maximum of 350 megawatts,

unless the Welsh Ministers have determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed (“the modified plant”).

(c) in paragraph (2) after “determination under paragraph (1)” insert “and the Welsh Ministers’ determination under paragraph (1A)”;

(d) in paragraph (3)(a) after “determines” insert “under paragraph (1)”;

(e) after paragraph (3) insert—

(3A) If the Welsh Ministers—

(a) determine under paragraph (1A) that the CCR conditions are met in relation to a combustion plant; and

(b) decide to—

(i) change a consent order in respect of that plant in the way described in paragraph (1A)(a); or

(ii) change a relevant consent order in respect of that plant in the way described in paragraph (1A)(b),

the Welsh Ministers must ensure that the consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

Section 5 Applications for relevant planning permission: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

After regulation 6 (variations of section 36 consents) insert—

Applications for planning permission: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

(6A)

(1) The relevant planning authority must not grant a relevant planning permission unless the relevant planning authority has determined whether the CCR conditions are met in relation to the combustion plant to which the planning permission relates.

(2) The relevant planning authority’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the combustion plant prepared by the person who made the application for the relevant planning permission; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the relevant planning authority—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to grant a relevant planning permission in respect of that plant,

the relevant planning authority must include a requirement in the relevant planning permission that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, in the case of a planning permission for an extension to a combustion plant which will have the effect of increasing the rated electrical output of the plant to between 300 and 350 megawatts, references to a “combustion plant” are references to that plant as extended.