Clean Air Act 1993

Changes over time for: Section 41A

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Clean Air Act 1993, Section 41A is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 16(4A)(4B) inserted by S.I. 2023/908 reg. 16
s. 19E-19H and cross-heading inserted by 2024 asc 2 s. 19(2)
s. 20(5D)-(5F) inserted by 2021 c. 30 Sch. 12 para. 10(2)
s. 21(4A)-(4D) inserted by 2021 c. 30 Sch. 12 para. 11(2)
s. 28B inserted by 2024 asc 2 s. 20
s. 63(2A) inserted by 2024 asc 2 Sch. 1 para. 20(b)
Sch. 1 para. 1A 1B inserted by 2024 asc 2 Sch. 1 para. 21(a)
Sch. 1 para. 6B inserted by 2024 asc 2 Sch. 1 para. 21(c)
Sch. 1A para. 3(5) inserted by 2024 asc 2 Sch. 1 para. 4(c)
Sch. 1A para. 4(7) inserted by 2024 asc 2 Sch. 1 para. 5(d)
Sch. 5 para. 12A 12B inserted by 2024 asc 2 Sch. 1 para. 22(a)

[F241A Relation to the Pollution Prevention and Control Act 1999 [F1and Regulatory Reform (Scotland) Act 2014].S

(1)Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) [F3or section 18 of the Regulatory Reform (Scotland) Act 2014] , Parts I to III of this Act shall not apply as from the determination date for the activity in question.

(2)The “determination date”, for an activity, is—

(a)in the case of an activity for which a permit [F4or authorisation] is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;

(b)in the case of an activity for which a permit [F5or authorisation] is refused, the date of refusal or, on appeal, of the affirmation of the refusal;

[F6(c)in the case of an activity that is an exempt waste operation, the date of the entry on the register maintained under [F7[F8paragraph 11 of Schedule 2] (exempt facilities: general) to the Environmental Permitting Regulations] of an establishment or undertaking in relation to that operation.]

(3)In subsection (2)[F9—

“exempt waste operation” has the meaning given in [F10the Environmental Permitting Regulations];]

[F11(a)] “permit” means a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations.

[F12; and

(b)“authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations.]

[F13(4)In this section—

[F14activity” includes—
(a)
a waste operation[F15, or mining waste operation, within the meaning of the Environmental Permitting Regulations;], and
(b)
a mining waste operation within the meaning of those Regulations;]
[F16“the Environmental Permitting Regulations” means [F17the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)] .]]]