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The Groundwater Regulations (Northern Ireland) 1998

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Transitional provisions

22.—(1) This regulation applies where any application is made before 1st April 1999 to the Department for an authorisation for the purposes of regulation 15(1)(a)(i).

(2) The application shall be dealt with in the same manner as an application made on or after 1st April 1999 but—

(a)an appeal by virtue of regulation 19(2) shall not be made in relation to the application before 1st August 1999; and

(b)an authorisation issued before 1st April 1999 in relation to the application shall have effect on or after that date as an authorisation under regulation 17.

(3) Where—

(a)the application has not been finally disposed of before 1st April 1999; and

(b)the application relates to an activity which is substantially the same as an activity carried on by the applicant or his predecessor before that date at the place to which the application relates;

the Department shall be deemed to have given the authorisation applied for and the deemed authorisation shall continue in force until the application is finally disposed of or, if before that date a notice under regulation 18 is served on the applicant in relation to the activity in question, until the date of service of that notice.

(4) An application shall be treated as finally disposed of for the purposes of paragraph (1) on–

(a)the date on which the application is withdrawn;

(b)if the Department gives or refuses its authorisation, the expiration (without an appeal being made) of the time limit for appealing against that decision; or

(c)if an appeal is duly made against the Department’s decision, the date on which that appeal is determined or withdrawn.

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