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40.—(2) —
(3) —
(4) Where an application for consent in pursuance of section 34 of this Act in respect of any discharge is duly made to the Secretary of State before the relevant day and the discharge in question is not such as is mentioned in section 32(3)(a) of this Act and is substantially a continuation of a previous discharge which during the year ending with the 30th April 1974 was lawfully made without such consent as is so mentioned (any reduction of the temperature, volume or rate of the discharge as compared with that of the previous discharge being disregarded), the Secretary of State shall be deemed to have given unconditionally the consent applied for–
(a)until he actually gives the consent unconditionally; or
(b)if he decides to refuse consent or to give it subject to conditions, until the expiration of the period of three months beginning with the date when he serves on the applicant notice of the decision.
(c)—
(5) —
(6) In this section “the relevant day” means 31st January 1985.
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