Part VI Special Cases

F141A Relation to the Pollution Prevention and Control Act 1999.

1

Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities), 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 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 is refused, the date of refusal or, on appeal, of the affirmation of the refusal;

F3c

in the case of an activity that is an exempt waste operation, the date of the entry on the register maintained under paragraph 4 of Schedule 2 to the 2007 Regulations of an establishment or undertaking in relation to that operation.

3

In subsection (2)F4—

  • “exempt waste operation” has the meaning given in the 2007 Regulations;

  • “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.

F24

In this section—

  • “activity” includes a waste operation within the meaning of the 2007 Regulations;

  • “the 2007 Regulations” means the Environmental Permitting (England and Wales) Regulations 2007.