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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 reg 10

reg 10 Applications for and grant of permits

(1) The operator of an installation (other than an excluded installation) may apply to the regulator for a greenhouse gas emissions permit to carry out a regulated activity at the installation. (2) The operator of an Article 27 installation may apply to the regulator for an Article 27 installation emissions permit to carry out a regulated activity at the installation. (3) However, an application may not be made— (a) under paragraph (1) or (2) where a permit has already been granted in respect of the installation and continues to have effect; or (b) under paragraph (2) where an Article 27 installation emissions permit has been granted in respect of the installation and has been surrendered or revoked. (3A) An Article 27 installation emissions permit that is granted for the purposes of the first allocation period continues to have effect for the purposes of the second allocation period if the installation is deemed to be approved by the European Commission under the first subparagraph of Article 27(2) of the Directive in relation to that period. (4) Following an application under paragraph (1) or (2), the permit must be granted if the regulator is satisfied that— (a) the application is duly made, and (b) at the time that the permit is granted (or, if later, has effect) the applicant will be capable of monitoring and reporting emissions from the installation in accordance with— (i) the monitoring and reporting requirements of the greenhouse gas emissions permit, or (ii) the monitoring and reporting conditions of the Article 27 installation emissions permit, but must otherwise be refused. (5) A permit may be granted under this regulation in respect of more than one installation on the same site, provided that they are operated by the same operator. (6) Paragraph 1 of Schedule 4 makes further provision about applications for permits. (7) Paragraph 2 of Schedule 4 makes provision about the contents of greenhouse gas emissions permits, and paragraph 3 of Schedule 5 makes provision about the contents of Article 27 installation emissions permits.

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