S.L. 545.34 Art. 6Authorisation procedure for new capacity.    L.N. 66 of 2021.  L.N. 66 of 2021.  L.N. 66 of 2021.

(1) The construction of new generation capacity shall require an authorisation from the Regulator:

Provided that no such authorisation shall be required for the producers listed in Part A of the Third Schedule.

(2) The authorisation procedure for the construction of new generating capacity, shall be conducted in accordance with objective, transparent and non-discriminatory criteria.

(3) (a) The Regulator, in the processing of applications for authorisations, shall take into account the size and potential impact of the generation plant which the application relates to. Specific, simplified and streamlined authorisation procedures for small decentralised and, or distributed generation, which take into account their limited size and potential impact, shall be determined by the Regulator.

(b) The Regulator when processing the applications for authorisations referred to in paragraph (a) shall:

(i) take into account the outcome of the comprehensive assessment referred to in regulation 21(1)

and 21(2) of the Energy Efficiency Regulations;

(ii) ensure that the requirements of regulation

21(1) of the Energy Efficiency Regulations are fulfilled; and

(iii) take into account the outcome of the cost-

benefit analysis referred to in regulation 21(2) of the Energy Efficiency Regulations.

(4) The Regulator, in the processing of applications for authorisations for the new construction or reconstruction of generating capacity, shall request that the applicant has obtained any relevant approvals and permits from other competent authorities.

(5) The permits and approvals referred to in sub-regulation

(4) shall consider the following criteria:

(a) the safety and security of the electricity system, installations and associated equipment;

(b) the protection of public health and safety;

(c) the protection of the environment;

(d) land use and siting;

(e) the use of public ground;

(f) energy efficiency;

(g) the nature of the primary sources;

(h) the characteristics particular to the applicant, such as technical, economic and financial capabilities;

(i) compliance with measures adopted pursuant to Article 9 of the Directive;

(j) the contribution of generating capacity to meeting the overall Union target of at least a thirty-two per cent (32%) share of energy from renewable sources in the Union's gross final consumption of energy in 2030 referred to in Article 3(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council;

(k) the contribution of generating capacity to reducing emissions;

(l) the alternatives to the construction of new generating capacity, such as demand response solutions and energy storage;

(6) The Regulator shall publish the procedures relative to the granting of an authorisation as in such manner as it shall determine so as to bring it to the attention of those likely to be affected by it.

(7) An application for an authorisation under this regulation shall be in writing and be in such form and contain such information as the Regulator may reasonably request.

(8) An application for an authorisation shall be accompanied by the following fees:

(a) for a generating station with a capacity equal or greater than 40kW and less than 5MW, a non-refundable fee of two hundred euro (€200) shall apply;

(b) for a generating station with a capacity equal or greater than 5MW, a non-refundable fee of five hundred (€500) shall apply.

(9) An authorisation granted by the Regulator under this regulation, shall be in writing and, unless previously revoked in accordance with any term contained in the authorisation, shall continue in force for such period as may be specified in the form determined by or under the authorisation.

(10) Where the Regulator refuses to grant an authorisation:

(a) the reasons for such refusal shall be objective, non-discriminatory, well founded and duly substantiated,

(b) the applicant for the authorisation shall be notified, in writing, by the Regulator of the reasons for the refusal, and

(c) the applicant shall have the right to appeal to the Administrative Review Tribunal against a decision of the Regulator in accordance with regulation 60.