SCHEDULE 10CONSEQUENTIAL AMENDMENTS

PART 1:PUBLIC GENERAL ACTS

Clean Air Act 1993

13

After section 41 (relation to the Environment Protection Act 1990) insert—

Relation to the Pollution Prevention and Control Act 1999.41A

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.

3

In subsection (2) “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.