Law and Climate Change Toolkit

Section 1 Purpose And Goals Of The Act

(1) The purpose of this Act is:
1) to establish a framework for the planning of climate change policy in Finland and the monitoring of its implementation;
2) to enhance and coordinate the activities of state authorities in planning measures that are aimed at mitigation of climate change and adaptation to it, and at the moni-toring of the implementation of these measures;
3) to strengthen the opportunities of Parliament and the public to participate in and af-fect the planning of climate change policy in Finland.
(2) The goals of the Act and of the planning of climate change policy carried out in ac-cordance with it are:
1) to ensure the fulfilment of obligations under the treaties binding on Finland and under the legislation of the European Union to reduce and monitor greenhouse gases;
2) to reduce anthropogenic emissions of greenhouse gases into the atmosphere, to mitigate climate change through national actions, and to adapt to climate change.

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Objectives
Cross-cutting Categories
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Section 2 Scope Of Application

(1) This Act lays down provisions on the tasks of state authorities in drawing up climate change policy plans and ensuring their implementation.
(2) In addition to the provisions of this Act on mitigation of or adaptation to climate change, the provisions laid down in other acts on these issues are to be followed.
(3) Provisions on emissions of greenhouse gases in the emissions trading sector and measures taken to reduce them are included in the Emissions Trading Act (311/2011), the Act on Aviation Emissions Trading (34/2010), and the Act on the Use of the Kyoto Mech-anisms (109/2007).

Legal Area
Objectives
Cross-cutting Categories
Duties and powers of national governments Duties and powers of subnational government

Section 3 Effects On Other Planning And Decision-Making

The plans drawn up under this Act are to be taken into account, in accordance with the separate provisions laid down in other legislation concerning them, in the planning and decision-making of measures carried out under other legislation that concern the reduction of greenhouse gas emissions, the mitigation of climate change and adaptation to climate change.

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Objectives
Cross-cutting Categories
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Section 4 Measures Promoting The Mitigation Of And Adaptation To Climate Change

In their activities, the state authorities shall promote the implementation of plans in ac-cordance with this Act as far as possible.

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Strategic plan on mitigation Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of subnational government

Section 6 Planning System For Climate Change Policy

(1) The planning system for climate change policy, in accordance with this Act, consists of the following parts:
1) a long-term climate change policy plan;
2) a medium-term climate change policy plan based on the projections and goals of the plan referred to in paragraph 1;
3) the national adaptation plan for climate change.
(2) The purpose of the planning system for climate change policy is to determine the re-duction targets for greenhouse gas emissions and the goals of adaptation to climate change, as well as the measures required to reach these goals and targets in different ad-ministrative branches, as provided below in more detail.
(3) The goal of the planning system for climate change policy is to ensure that the total anthropogenic emissions of greenhouse gases into the atmosphere is reduced in Finland by at least 80 per cent by 2050 compared to 1990 levels. If an international treaty binding on Finland or European Union legislation includes a total reduction target for greenhouse gas emissions set for 2050 that differs from that mentioned above, it must be used as the basis for the long-term emissions reduction target of the planning system. The goal of planning the adaptation to climate change is to promote the management of risks caused by climate change and sector-specific adaptation to climate change.
(4) The goal of drawing up climate change policy plans is to attempt to mitigate climate change and adapt to it in a cost-effective way. The goals and measures relating to the miti-gation of climate change and adaptation to it included in the plans shall be based on re-search data, so that the progression of climate change, its probable positive and negative effects, the related risks and hazards, and the possibilities to prevent accidents and limit their adverse effects are taken into account. In planning related to agricultural production, it shall be ensured that the measures related to mitigating climate change are planned and implemented so that they do not compromise domestic food production or global food security.
(5) In addition, the following issues shall be taken into account in drawing up climate change policy plans:
1) obligations under international treaties binding on Finland and under the legisla-tion of the European Union;
2) information generated in the national inventory system for greenhouse gas emis-sions and in the national system for policies and measures and projections;
3) current research data on climate change, and assessments of developments in inter-national climate change policies and European Union climate change policies;
4) environmental, economic and social factors based on the principle of sustainable development;
5) the development and level of technology related to the reduction of greenhouse gases, mitigation of climate change and adaptation to climate change;
6) other essential factors in terms of societal development.

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Emission targets-in law Strategic plan on mitigation Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments Duties and powers of subnational government

Section 7 Long-Term Plan For Climate Change Policy

(1) At least once every ten years, the Government shall approve a long-term plan for cli-mate change policy on the key policy measures focusing on the emissions trading sector and the sectors outside emissions trading, by means of which the goals referred to in sec-tion 6(3) concerning the long-term reduction of greenhouse gas emissions and the mitiga-tion of and adaptation to climate change shall be achieved.
(2) In addition to that provided in subsection 1, the long-term plan for climate change pol-icy shall present the following issues:
1) the greenhouse gas emissions scenarios to 2050 based on the reduction target for greenhouse gas emissions referred to in section 6(3), and the key sector-specific options for progress in order to reach the long-term emissions reduction target;
2) a description of the international and European operating environment for climate change policy and the outlook for its development in the long term;
3) an assessment of the outlook for developing methods for reducing greenhouse gas emissions from the perspective of Finland;
4) other issues considered necessary.

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Emission targets-in law Emission targets – duty to set Strategic plan on mitigation Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments

Section 8 National Adaptation Plan For Climate Change

(1) The Government shall approve the national adaptation plan for climate change at least once every ten years.
(2) The adaptation plan shall include a risk and vulnerability review, as well as action plans on adaptations specific to each administrative branch, if necessary.

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Provisions for climate risk and vulnerability assessments Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments

Section 9 Medium-Term Plan For Climate Change Policy

(1) The Government shall approve a medium-term plan for climate change policy once per electoral term. The plan shall include an action plan that proposes the measures for reduc-tion of anthropogenic greenhouse gas emissions and mitigation of climate change in the sectors outside emissions trading, and projections of greenhouse gas emissions and the effects of policy measures on the emissions.
(2) The climate change action plan referred to in subsection 1 above shall present the fol-lowing issues:
1) commitments to reduce greenhouse gas emissions under international treaties and under the legislation of the European Union;
2) current policy measures directed at the sectors outside emissions trading for reduc-ing greenhouse gas emissions and assessing their effectiveness;
3) any new policy measures directed at the sectors outside emissions trading for re-ducing greenhouse gas emissions that may be necessary to reach the greenhouse
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gas emissions reduction targets in accordance with the long-term climate change policy plan referred to in section 7 above and in accordance with the commitments referred to in paragraph 1 of this subsection, and an assessment of their effective-ness;
4) other issues considered necessary.
(3) The following issues are presented in the projections of greenhouse gas emissions re-ferred to in subsection 1 above:
1) information on the trend in total greenhouse gas emissions in Finland since 1990;
2) information on trends in emissions in the emissions trading sector and in the sec-tors outside emissions trading since 2005;
3) a projection of total greenhouse gas emissions and, separately, emissions projec-tions for sectors outside emissions trading during the 10–20 years after the approv-al of the plan, based on current policy measures;
4) emissions projections for sectors outside emissions trading during the 10–20 years after the approval of the plan, based on current policy measures and on new policy measures referred to in subsection 2, paragraph 3;
5) other issues considered necessary.
(4) The medium-term plan for climate change policy must be coordinated with energy and transport policy planning as necessary.

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Strategic plan on mitigation
Cross-cutting Categories
Duties and powers of national governments

Section 10 Preparing The Climate Change Policy Plans

(1) When the climate change policy plans referred to in sections 7–9 above are prepared, the public must be given an opportunity to review the draft plan and submit opinions on it in writing. In addition, a statement on the draft plan must be requested from the key authorities and organisations, and from the scientific expert body referred to in section 16.
(2) Provisions on assessing the environmental impacts of the climate change policy plans are laid down in the Act on the Environmental Impact Assessment of Plans and Pro-grammes by the Authorities (200/2005). When the plans are drawn up, their economic, social and other effects must also be assessed to the required extent.

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Strategic plan on mitigation Provisions for consultation
Cross-cutting Categories
Duties and powers of national governments Duties and rights of individuals

Section 11 Report To Parliament

(1) The Government shall submit a report to Parliament on the long-term plan for climate change policy referred to in section 7 that it has approved. If necessary, the information on the national adaptation plan for climate change referred to in section 8 shall be included in the report.
(2) The Government shall submit a report to Parliament on the medium-term plan for cli-mate change policy referred to in section 9 that it has approved.

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Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments

Section 12 Monitoring The Implementation Of The Climate Change Policy Plans

(1) The Government shall monitor the implementation of the climate change policy plans referred to in sections 7–9 to determine whether the policy measures taken in accordance with the plans achieve the goals on mitigation of climate change and adaptation to it. If necessary, based on the monitoring, the Government decides on additional measures re-quired to reach the goals.
(2) The Government shall monitor the sufficiency of the emissions reduction target re-ferred to in section 6(3) based on current research data on the progression of climate change, and it shall ensure that the target fulfils the obligations under the international treaties binding on Finland and under the legislation of the European Union.
(3) It should be monitored how well the projections of greenhouse gas emissions included in the climate change policy plans referred to in sections 7 and 9 have been realized by using the data of the national greenhouse gas inventory system. In addition, the infor-mation generated in the national system for policies and measures and projections shall be taken into account.
(4) The public shall be sufficiently informed of the results of the monitoring.

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Emission targets-in law Emission targets- mechanisms for setting and amending Strategic plan on mitigation Provisions for climate risk and vulnerability assessments Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments

Section 13 Amending The Climate Change Policy Plans

(1) The Government shall amend the climate change policy plans referred to in sections 7–9 in accordance with the decision on additional measures referred to in section 12(1). The provisions laid down in section 10 on the procedure to be followed in preparing the plans are applied in any amendments to the plans.
(2) In addition to the provisions of subsection 1, the climate change policy plans referred to in sections 7–9 may also be amended because of incomplete information of minor im-portance included in them. Such an item may be amended without following the procedure in accordance with section 10.

Legal Area
Emission targets- mechanisms for setting and amending Strategic plan on mitigation National strategies/plans for adaptation and climate resilient development
Cross-cutting Categories
Duties and powers of national governments

Section 14 Annual Climate Change Report

(1) Each calendar year, the Government shall provide information to Parliament on the trends in emissions and the achievement of emissions reduction targets included in the medium-term plan for climate change policy referred to in section 9, and on the additional measures required to reach these targets referred to in section 12(1) (annual climate change report).
(2) As a part of the annual climate change report, the Government shall provide infor-mation on the implementation of policy measures referred to in section 9(1) above to Par-liament every other year.
(3) At least once per electoral term, an assessment of the sufficiency and effectiveness of the adaptation measures included in the adaptation plan, referred to in section 8, is to be included in the annual climate change report, as well as, if necessary, a report specific to each administrative branch of the implementation of the planned adaptation measures.

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Monitoring, reporting and verification obligations
Cross-cutting Categories
Duties and powers of national governments

Section 15 Tasks Of The Authorities

(1) Each ministry prepares a section concerning its administrative branch for the climate change policy plans referred to in sections 7–9 and provides the information on its admin-istrative branch for the annual climate change report in accordance with section 14. Re-garding the coordination and compilation of climate change policy plans, the Ministry of Employment and the Economy is responsible for the long-term plan for climate change policy referred to in section 7, the Ministry of Agriculture and Forestry is responsible for the national adaptation plan for climate change referred to in section 8, and the Ministry of the Environment is responsible for the medium-term plan for climate change policy re-ferred to in section 9. The Ministry of the Environment is responsible for compiling the annual climate change report.
(2) Within its mandate, each ministry is responsible for the guidance and monitoring of the implementation of plans in accordance with this Act.
(3) Statistics Finland acts as the responsible body for the national inventory system for greenhouse gas emissions.
(4) More specific provisions on the tasks of the authorities referred to in this section may be issued by government decree.

Legal Area
Strategic plan on mitigation Mandate to government to develop strategies, plans or regulations on adaptation
Cross-cutting Categories
Duties and powers of national governments

Section 16 Scientific Expert Body

(1) The Government shall appoint a scientific and independent expert body to support the planning of climate change policy and the related decision-making. The name of the ex-pert body is “Suomen ilmastopaneeli” (Finland’s Climate Panel), and its task is to collect and itemise research data on the mitigation of climate change and adaptation to it for the planning and monitoring of climate change policy. The expert body can also carry out other tasks concerning the generation of basic information on climate change.
(2) Different fields of science are to be represented in the expert body. The members of the expert body are appointed for a fixed period of time.
(3) More specific provisions on the tasks and composition of the scientific expert body may be issued by government decree.

Legal Area
Coordination body on climate change
Cross-cutting Categories
Designating and establishing national bodies Duties and powers of national governments

78 Onshore Wind Generating Stations In England And Wales

In section 36 of the Electricity Act 1989 (consent of Secretary of State required for construction or extension of generating stations), after subsection (1C) insert—
“(1D)Subsection (1) does not apply to an English or Welsh onshore wind generating station.
(1E)“English or Welsh onshore wind generating station” means a generating station that—
(a)generates electricity from wind, and
(b)is situated in England or Wales, but not in waters in or adjacent to England or Wales up to the seaward limits of the territorial sea.”

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79 Onshore Wind Power: Closure Of Renewables Obligation

(1)In Part 1 of the Electricity Act 1989 (electricity supply), after section 32LB insert—
“32LCOnshore wind generating stations: closure of renewables obligation
(1)No renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after the onshore wind closure date by an onshore wind generating station.
(2)Subsection (1) does not apply to electricity generated in the circumstances set out in any one or more of sections 32LD to 32LL.
(3)In this section and sections 32LD to 32LL—
“the onshore wind closure date” means the date on which the Energy Act 2016 is passed;
“onshore wind generating station” means a generating station that—
(a)generates electricity from wind, and
(b)is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea.
(4)The reference in subsection (1) to a renewables obligation order is to any renewables obligation order made under section 32 (whenever made, and whether or not made by the Secretary of State).
(5)Power to make provision in a renewables obligation order or a renewables obligation closure order (and any provision contained in such an order) is subject to subsection (1) and sections 32LD to 32LL.
(6)This section is not otherwise to be taken as affecting power to make provision in a renewables obligation order or renewables obligation closure order.”
(2)The Renewables Obligation Closure Order 2014 (S.I. 2014/2388) is amended as follows.
(3)In article 2(1) (interpretation), after the definition of “network operator” insert—““onshore wind generating station” means a generating station that—
(a)generates electricity from wind, and
(b)is situated in England, Wales or Scotland, but not in waters in or adjacent to England, Wales or Scotland up to the seaward limits of the territorial sea;”.
(4)In article 3 (closure of renewables obligation on 31st March 2017)—
(a)in the heading, after “solar pv stations” insert “ or onshore wind generating stations ”;
(b)in paragraph (1), after “solar pv station” insert “ or an onshore wind generating station ”.

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80 Onshore Wind Power: Circumstances In Which Certificates May Be Issued After The Onshore Wind Closure Date

(1)Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
(2)After section 32LC (inserted by section 79 of this Act) insert—
“32LDOnshore wind generating stations accredited, or additional capacity added, on or before the onshore wind closure date
The circumstances set out in this section are where the electricity is—
(a)generated by an onshore wind generating station which was accredited on or before the onshore wind closure date, and
(b)generated using—
(i)the original capacity of the station, or
(ii)additional capacity which in the Authority's view first formed part of the station on or before the onshore wind closure date.
32LEOnshore wind generating stations accredited, or additional capacity added, in the year after the onshore wind closure date: grid or radar delay condition met
The circumstances set out in this section are where the electricity is—
(a)generated using the original capacity of an onshore wind generating station—
(i)which was accredited during the period beginning immediately after the onshore wind closure date and ending with the first anniversary of the onshore wind closure date, and
(ii)in respect of which the grid or radar delay condition is met, or
(b)generated using additional capacity of an onshore wind generating station, where—
(i)the station was accredited on or before the onshore wind closure date,
(ii)in the Authority's view, the additional capacity first formed part of the station during the period beginning immediately after the onshore wind closure date and ending with the first anniversary of the onshore wind closure date, and
(iii)the grid or radar delay condition is met in respect of the additional capacity.
32LFOnshore wind generating stations accredited, or additional capacity added, on or before 31 March 2017: approved development condition met
The circumstances set out in this section are where the electricity is—
(a)generated using the original capacity of an onshore wind generating station—
(i)which was accredited on or before 31 March 2017, and
(ii)in respect of which the approved development condition is met, or
(b)generated using additional capacity of an onshore wind generating station, where—
(i)the station was accredited on or before the onshore wind closure date,
(ii)in the Authority's view, the additional capacity first formed part of the station on or before 31 March 2017, and
(iii)the approved development condition is met in respect of the additional capacity.
32LGOnshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 March 2018: grid or radar delay condition met
The circumstances set out in this section are where the electricity is—
(a)generated using the original capacity of an onshore wind generating station—
(i)which was accredited during the period beginning with 1 April 2017 and ending with 31 March 2018,
(ii)in respect of which the approved development condition is met, and
(iii)in respect of which the grid or radar delay condition is met, or
(b)generated using additional capacity of an onshore wind generating station, where—
(i)the station was accredited on or before the onshore wind closure date,
(ii)in the Authority's view, the additional capacity first formed part of the station during the period beginning with 1 April 2017 and ending with 31 March 2018,
(iii)the approved development condition is met in respect of the additional capacity, and
(iv)the grid or radar delay condition is met in respect of the additional capacity.
32LHOnshore wind generating stations accredited, or additional capacity added, between 1 April 2017 and 31 January 2018: investment freezing condition met
The circumstances set out in this section are where the electricity is—
(a)generated using the original capacity of an onshore wind generating station—
(i)which was accredited during the period beginning with 1 April 2017 and ending with 31 January 2018, and
(ii)in respect of which both the approved development condition and the investment freezing condition are met, or
(b)generated using additional capacity of an onshore wind generating station, where—
(i)the station was accredited on or before the onshore wind closure date,
(ii)in the Authority's view, the additional capacity first formed part of the station during the period beginning with 1 April 2017 and ending with 31 January 2018, and
(iii)both the approved development condition and the investment freezing condition are met in respect of the additional capacity.
32LIOnshore wind generating stations accredited, or additional capacity added, between 1 February 2018 and 31 January 2019: grid or radar delay condition met
The circumstances set out in this section are where the electricity is—
(a)generated using the original capacity of an onshore wind generating station—
(i)which was accredited during the period beginning with 1 February 2018 and ending with 31 January 2019,
(ii)in respect of which both the approved development condition and the investment freezing condition are met, and
(iii)in respect of which the grid or radar delay condition is met, or
(b)generated using additional capacity of an onshore wind generating station, where—
(i)the station was accredited on or before the onshore wind closure date,
(ii)in the Authority's view, the additional capacity first formed part of the station during the period beginning with 1 February 2018 and ending with 31 January 2019,
(iii)both the approved development condition and the investment freezing condition are met in respect of the additional capacity, and
(iv)the grid or radar delay condition is met in respect of the additional capacity.
32LJThe approved development condition
(1)This section applies for the purposes of sections 32LF to 32LI.
(2)The approved development condition is met in respect of an onshore wind generating station if the documents specified in subsections (4), (5) and (6) were provided to the Authority with the application for accreditation of the station.
(3)The approved development condition is met in respect of additional capacity if the documents specified in subsections (4), (5) and (6) were provided to the Authority on or before the date on which the Authority made its decision that the additional capacity could form part of an onshore wind generating station.
(4)The documents specified in this subsection are—
(a)evidence that—
(i)planning permission for the station or additional capacity was granted on or before 18 June 2015, and
(ii)any conditions as to the time period within which the development to which the permission relates must be begun have not been breached,
(b)evidence that—
(i)planning permission for the station or additional capacity was refused on or before 18 June 2015, but granted after that date following an appeal or judicial review, and
(ii)any conditions as to the time period within which the development to which the permission relates must be begun have not been breached,
(c)evidence that—
(i)an application for 1990 Act permission or 1997 Act permission was made on or before 18 June 2015 for the station or additional capacity,
(ii)the period allowed under section 78(2) of the 1990 Act or (as the case may be) section 47(2) of the 1997 Act ended on or before 18 June 2015 without any of the things mentioned in section 78(2)(a) to (b) of the 1990 Act or section 47(2)(a) to (c) of the 1997 Act being done in respect of the application,
(iii)the application was not referred to the Secretary of State, Welsh Ministers or Scottish Ministers in accordance with directions given under section 77 of the 1990 Act or section 46 of the 1997 Act,
(iv)1990 Act permission or 1997 Act permission was granted after 18 June 2015 following an appeal, and
(v)any conditions as to the time period within which the development to which the permission relates must be begun have not been breached, or
(d)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, planning permission is not required for the station or additional capacity.
(5)The documents specified in this subsection are—
(a)a copy of an offer from a licensed network operator made on or before 18 June 2015 to carry out grid works in relation to the station or additional capacity, and evidence that the offer was accepted on or before that date (whether or not the acceptance was subject to any conditions or other terms), or
(b)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, no grid works were required to be carried out by a licensed network operator in order to enable the station to be commissioned or the additional capacity to form part of the station.
(6)The documents specified in this subsection are a declaration by the operator of the station that, to the best of the operator's knowledge and belief, as at 18 June 2015 a relevant developer of the station or additional capacity (or a person connected, within the meaning of section 1122 of the Corporation Tax Act 2010, with a relevant developer of the station or additional capacity)—
(a)was an owner or lessee of the land on which the station or additional capacity is situated,
(b)had entered into an agreement to purchase or lease the land on which the station or additional capacity is situated,
(c)had an option to purchase or to lease the land on which the station or additional capacity is situated, or
(d)was a party to an exclusivity agreement in relation to the land on which the station or additional capacity is situated.
(7)In this section—
“the 1990 Act” means the Town and Country Planning Act 1990;
“1990 Act permission” means planning permission under the 1990 Act (except outline planning permission, within the meaning of section 92 of that Act);
“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;
“1997 Act permission” means planning permission under the 1997 Act (except planning permission in principle, within the meaning of section 59 of that Act);
“exclusivity agreement”, in relation to land, means an agreement by the owner or a lessee of the land not to permit any person (other than the persons identified in the agreement) to construct an onshore wind generating station on the land;
“planning permission” means—
(a)consent under section 36 of this Act,
(b)1990 Act permission,
(c)1997 Act permission, or
(d)development consent under the Planning Act 2008.
32LKThe investment freezing condition
(1)This section applies for the purposes of sections 32LH and 32LI.
(2)The investment freezing condition is met in respect of an onshore wind generating station if the documents specified in subsection (4) were provided to the Authority with the application for accreditation of the station.
(3)The investment freezing condition is met in respect of additional capacity if the documents specified in subsection (4) were provided to the Authority on or before the date on which the Authority made its decision that the additional capacity could form part of an onshore wind generating station.
(4)The documents specified in this subsection are—
(a)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, as at the Royal Assent date—
(i)the relevant developer required funding from a recognised lender before the station could be commissioned or additional capacity could form part of the station,
(ii)a recognised lender was not prepared to provide that funding until enactment of the Energy Act 2016, because of uncertainty over whether the Act would be enacted or its wording if enacted, and
(iii)the station would have been commissioned, or the additional capacity would have formed part of the station, on or before 31 March 2017 if the funding had been provided before the Royal Assent date, and
(b)a letter or other document, dated on or before the date which is 28 days after the Royal Assent date, from a recognised lender confirming (whether or not the confirmation is subject to any conditions or other terms) that the lender was not prepared to provide funding in respect of the station or additional capacity until enactment of the Energy Act 2016, because of uncertainty over whether the Act would be enacted or its wording if enacted.
(5)In this section—
“recognised lender” means a provider of debt finance which has been issued with an investment grade credit rating by a registered credit rating agency;
“the Royal Assent date” means the date on which the Energy Act 2016 is passed.
(6)For the purposes of the definition of “recognised lender” in subsection (5)—
“investment grade credit rating” means a credit rating commonly understood by registered credit rating agencies to be investment grade;
“registered credit rating agency” means a credit rating agency registered in accordance with Regulation (EC) No 1060/2009 of the European Parliament and the Council of 16 September 2009 on credit rating agencies.
32LLThe grid or radar delay condition
(1)This section applies for the purposes of sections 32LE, 32LG and 32LI.
(2)The grid or radar delay condition is met in respect of an onshore wind generating station if, on or before the date on which the Authority made its decision to accredit the station, the documents specified in subsection (4), (5) or (6) were—
(a)submitted by the operator of the station, and
(b)received by the Authority.
(3)The grid or radar delay condition is met in respect of additional capacity if, on or before the date on which the Authority made its decision that the additional capacity could form part of an onshore wind generating station, the documents specified in subsection (4), (5) or (6) were—
(a)submitted by the operator of the station, and
(b)received by the Authority.
(4)The documents specified in this subsection are—
(a)evidence of an agreement with a network operator (“the relevant network operator”) to carry out grid works in relation to the station or additional capacity (“the relevant grid works”);
(b)a copy of a document written by, or on behalf of, the relevant network operator which estimated or set a date for completion of the relevant grid works (“the planned grid works completion date”) which was no later than the primary date;
(c)a letter from the relevant network operator confirming (whether or not such confirmation is subject to any conditions or other terms) that—
(i)the relevant grid works were completed after the planned grid works completion date, and
(ii)in the relevant network operator's opinion, the failure to complete the relevant grid works on or before the planned grid works completion date was not due to any breach by a generating station developer of any agreement with the relevant network operator; and
(d)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if the relevant grid works had been completed on or before the planned grid works completion date.
(5)The documents specified in this subsection are—
(a)evidence of an agreement between a generating station developer and a person who is not a generating station developer (“the radar works agreement”) for the carrying out of radar works (“the relevant radar works”);
(b)a copy of a document written by, or on behalf of, a party to the radar works agreement (other than a generating station developer) which estimated or set a date for completion of the relevant radar works (“the planned radar works completion date”) which was no later than the primary date;
(c)a letter from a party to the radar works agreement (other than a generating station developer) confirming, whether or not such confirmation is subject to any conditions or other terms, that—
(i)the relevant radar works were completed after the planned radar works completion date, and
(ii)in that party's opinion, the failure to complete the relevant radar works on or before the planned radar works completion date was not due to any breach of the radar works agreement by a generating station developer; and
(d)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if the relevant radar works had been completed on or before the planned radar works completion date.
(6)The documents specified in this subsection are—
(a)the documents specified in subsection (4)(a), (b) and (c);
(b)the documents specified in subsection (5)(a), (b) and (c); and
(c)a declaration by the operator of the station that, to the best of the operator's knowledge and belief, the station would have been commissioned, or the additional capacity would have formed part of the station, on or before the primary date if—
(i)the relevant grid works had been completed on or before the planned grid works completion date, and
(ii)the relevant radar works had been completed on or before the planned radar works completion date.
(7)In this section “the primary date” means—
(a)in a case within section 32LE(a)(i) or (b)(i) and (ii), the onshore wind closure date;
(b)in a case within section 32LG(a)(i) and (ii) or (b)(i) to (iii), 31 March 2017;
(c)in a case within section 32LI(a)(i) and (ii) or (b)(i) to (iii), 31 January 2018.”
(3)In section 32M (interpretation of sections 32 to 32M)—
(a)in subsection (1), for “32LB” substitute “ 32LL ”;
(b)at the appropriate places insert the following definitions—
““accredited”, in relation to an onshore wind generating station, means accredited by the Authority as a generating station which is capable of generating electricity from renewable sources; and “accredit” and “accreditation” are to be construed accordingly;”;
““additional capacity”, in relation to an onshore wind generating station, means any generating capacity which does not form part of the original capacity of the station;”;
““commissioned”, in relation to an onshore wind generating station, means having completed such procedures and tests in relation to the station as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of generating station in order to demonstrate that it is capable of commercial operation;”;
““generating station developer”, in relation to an onshore wind generating station or additional capacity, means—
(a)the operator of the station, or
(b)a person who arranged for the construction of the station or additional capacity;”;““grid works”, in relation to an onshore wind generating station, means—
(a)the construction of a connection between the station and a transmission or distribution system for the purpose of enabling electricity to be conveyed from the station to the system, or
(b)the carrying out of modifications to a connection between the station and a transmission or distribution system for the purpose of enabling an increase in the amount of electricity that can be conveyed over that connection from the station to the system;”;““licensed network operator” means a distribution licence holder or a transmission licence holder;”;
““network operator” means a distribution exemption holder, a distribution licence holder or a transmission licence holder;”;
““the onshore wind closure date” has the meaning given by section 32LC(3);”;
““onshore wind generating station” has the meaning given by section 32LC(3);”;
““original capacity”, in relation to an onshore wind generating station, means the generating capacity of the station as accredited;”;
““radar works” means—
(a)the construction of a radar station,
(b)the installation of radar equipment,
(c)the carrying out of modifications to a radar station or radar equipment, or
(d)the testing of a radar station or radar equipment;”;““relevant developer”, in relation to an onshore wind generating station or additional capacity, means a person who—
(a)applied for planning permission for the station or additional capacity,
(b)arranged for grid works to be carried out in relation to the station or additional capacity,
(c)arranged for the construction of any part of the station or additional capacity,
(d)constructed any part of the station or additional capacity, or
(e)operates, or proposes to operate, the station;”.

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81 Onshore Wind Power: Use Of Northern Ireland Certificates

(1)The Electricity Act 1989 is amended as follows.
(2)Before section 32M insert—
“32LMUse of Northern Ireland certificates: onshore wind power
(1)The Secretary of State may make regulations providing that an electricity supplier may not discharge its renewables obligation (or its obligation in relation to a particular period) by the production to the Authority of a relevant Northern Ireland certificate, except in the circumstances, and to the extent, specified in the regulations.
(2)A “relevant Northern Ireland certificate” is a Northern Ireland certificate issued in respect of electricity generated after the onshore wind closure date (or any later date specified in the regulations)—
(a)using the original capacity of a Northern Ireland onshore wind generating station accredited after the onshore wind closure date (or any later date so specified), or
(b)using additional capacity of a Northern Ireland onshore wind generating station, where in the Authority's view the additional capacity first formed part of the station after the onshore wind closure date (or any later date so specified).
(3)In this section—
“NIRO Order” means any order made under Articles 52 to 55F of the Energy (Northern Ireland) Order 2003;
“Northern Ireland certificate” means a renewables obligation certificate issued by the Northern Ireland authority under the Energy (Northern Ireland) Order 2003 and pursuant to a NIRO Order;
“Northern Ireland onshore wind generating station” means a generating station that—
(a)generates electricity from wind, and
(b)is situated in Northern Ireland, but not in waters in or adjacent to Northern Ireland up to the seaward limits of the territorial sea.
(4)Power to make provision in a renewables obligation order by virtue of section 32F (and any provision contained in such an order) is subject to provision contained in regulations under this section.
(5)This section is not otherwise to be taken as affecting power to make provision in a renewables obligation order.
(6)Regulations under this section may amend a renewables obligation order.
(7)Section 32K applies in relation to regulations under this section as it applies in relation to a renewables obligation order.”
(3)In section 32M (interpretation)—
(a)in subsection (1), for “32LB” substitute “ 32LM ”;
(b)in subsection (7), for “32L” substitute “ 32LM ”.

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