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(a) in regulation 4(1), for "responsible authority" substitute "a responsible authority, the Secretary of State";

(b) after regulation 17(3), insert new paragraphs (4) to (8) as follows - 

    " (4) Subject to paragraph (5), the following charges shall be payable by the operator who holds a greenhouse gas emissions permit on 24^th January 2005 for the continued subsistence of such permit for (or, where the permit is granted after 24^th January 2005, the subsistence of the permit during the remainder of) the financial year 2004/2005 - 


(a) where the estimated 2005 emissions of the installation to which the permit relates are less than 50 kilotonnes, £2,260;

(b) where the estimated 2005 emissions of the installation to which the permit relates are between 50 and 500 kilotonnes, £4,470; or

(c) where the estimated 2005 emissions of the installation to which the permit relates are greater than 500 kilotonnes, £8,670.



    (5) An operator who has submitted an application to surrender the whole greenhouse gas emissions permit under regulation 15(1)(a) on or before 24th January 2005 shall not be required to pay the charge payable under paragraph (4) unless - 



(a) the application is withdrawn;

(b) the application is refused and no notice of appeal against the refusal of the application is given before the expiry of the period mentioned in paragraph 2(1)(a) of Schedule 2, or where an appeal relates to an installation in Northern Ireland, paragraph 2(1)(a) of Schedule 4;

(c) an appeal against the refusal of the application is withdrawn; or

(d) the appropriate authority determines an appeal against the refusal of the application by affirming the refusal of the application.



    (6) A charge payable under paragraph (4) shall be payable within a period of 28 days beginning on the date on which notice of the estimated 2005 emissions and the charge is sent by the regulator to the operator.

    (7) If an operator has failed to pay a charge payable under paragraph (4), the regulator may revoke the greenhouse gas emissions permit under regulation 16.

    (8) In paragraph (4) - 



"estimated 2005 emissions" means a reasonable estimate, in the opinion of the regulator, of the reportable emissions likely to be emitted from the installation in the calendar year 2005; and
"financial year" means a year beginning on 1st April and ending on 31^st March.";

(c) in regulation 29 - 


(i) in paragraph (1), for "or a responsible authority" substitute ", a responsible authority or the Secretary of State"; and

(ii) in paragraph (2), after "responsible authority" insert ", the Secretary of State"; and



(d) for regulation 32(1)(g) substitute the following - 



" (g) to fail, before 25^th January 2005, to correct in writing to the Secretary of State any statement which-


(i) he knows to be false or misleading in a material particular or which he made recklessly and is false or misleading in a material particular; and

(ii) was made in writing to the Secretary of State before 13th January for the purpose of developing a national allocation plan;".

Elliot Morley
Minister of State Department of Environment, Food and Rural Affairs

21st December 2004

[2] S.I. 2004/1984.back

[3] S.I. 2003/3311.back

  © Crown copyright 2004