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SCHEDULE 5Environmental permits

PART 1Grant, variation, transfer and surrender of environmental permits

Time limits for determination

15.—(1) If—

(a)the regulator has not determined an application within the relevant period, and

(b)the applicant serves a notice on the regulator which refers to this paragraph,

the application is deemed to have been refused on the day on which the notice is served.

(2) Sub-paragraph (1) does not apply—

(a)to an application for the grant of an environmental permit that, if granted, would authorise the carrying on of a radioactive substances activity at a nuclear site, or

(b)to an application for the transfer of an environmental permit where the permit authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—

(a)in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,

(b)in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,

(c)in a case where paragraph 6 applies, 4 months, or

(d)in any other case, 3 months,

or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.