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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 reg 13

reg 13 Surrender of permits

(1) Subject to paragraph (4), if an installation has ceased operation the operator must apply to the regulator to surrender the permit authorising regulated activities at the installation. (1A) Where a permit authorises regulated activity to be carried out at an installation where a regulated activity is no longer being carried out but it is not technically impossible to resume operation, the operator of the installation may apply to the regulator to surrender the permit. (2) An application under paragraph (1) must be made before the end of the period of one month beginning with the date that the regulated activities at the installation ceased, or such later date as may be agreed with the regulator. (4) The application need not be made where— (a) the permit authorises regulated activities at more than one installation, some of which have not ceased operation; and (b) by the end of the period mentioned in paragraph (2), the operator has applied to vary that permit so that it no longer applies to any of those installations that have ceased operation. (5) Where the carrying out of regulated activities at an installation mentioned in paragraph (6) has been suspended, but the installation has not ceased operation, the operator may at any time make an application under paragraph (1) but is not obliged to do so. (6) Those installations are— (a) an Article 27 installation; or (b) an installation that, by virtue of Article 10a(3) of the Directive, is not eligible for an allocation. (7) If the application under paragraph (1) is granted, the notice of determination given to the operator (“notice of surrender”) takes effect on the date specified in the notice. (8) Paragraph 4 of Schedule 4 makes further provision about the surrender of permits.

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