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Contents (2009 - 211)
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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 20 September 2019 at 15:57)
Chapter 7 Part 4 Clause 104
104   Evaluation of green offset schemes or works
(1)  Each green offset scheme, and each green offset work that is not part of a green offset scheme, must be evaluated in accordance with this clause.
(2)  An evaluation is to be carried out and reported on—
(a)  in the case of a green offset scheme—at the intervals (not being greater than 5 years) determined by the EPA for the duration of the scheme and at the end of the scheme, and
(b)  in the case of a green offset work that is not part of a green offset scheme—at the intervals determined by the EPA in respect of the work.
(3)  An evaluation is to be carried out and reported on by the EPA or by a manager of a green offset scheme or green offset work if directed to do so in accordance with subclause (4).
(4)  The EPA may, by notice in writing given to the manager of a green offset scheme or green offset work, direct that the manager do any of the following—
(a)  provide the EPA with information relating to the effectiveness of the scheme or work,
(b)  carry out and report on an evaluation required under this clause and provide a copy of the evaluation report to the EPA,
(c)  amend any such evaluation report.
(5)  An evaluation report—
(a)  must list the participants in the green offset scheme or green offset work, and
(b)  must relate to the period since the commencement of the scheme or work or, if the scheme or work has been evaluated under this clause, since the last evaluation of the scheme or work, and
(c)  must set out the environmental effects and benefits arising from the scheme or work, and
(d)  in the case of a scheme, must contain any of the following matters that are relevant to the scheme—
(i)  whether any applicable cap or target has been met,
(ii)  particulars of the costs of and payments for the purposes of the scheme under Part 9.3B of the Act,
(iii)  particulars of the implementation of any works for the purposes of the scheme, and
(e)  in the case of a work that is not part of a scheme, must contain any of the following matters that are relevant to the work—
(i)  particulars of the implementation of the work by or on behalf of the participants,
(ii)  particulars of the costs of and payments for the purposes of the work under Part 9.3B of the Act, and
(f)  must contain any other matters directed to be included by the EPA, and
(g)  must be made publicly available in the manner determined by the EPA.
(6)  Nothing in this clause requires or permits the EPA or the manager of a green offset scheme or green offset work to make publicly available any information of a kind referred to in section 319 (1) of the Act.