31.  Any exempt activity within the meaning of the 1994 Regulations lawfully carried on immediately before or registered as at 27th March 2011 under Schedule 3 to those Regulations, but which is not an exempt activity within the meaning of these Regulations, may continue to be carried on—

(a)where the establishment or undertaking carrying on the activity applies to the waste regulation authority for a waste management licence in relation to the activity in question before 27th September 2011, until the date on which the licence applied for is granted, or if the application is (or is deemed to be) rejected, until the date on which—

(i)the period for appealing expires without an appeal having been made; or

(ii)any appeal is withdrawn or finally determined; and

(b)in any other case, until 27th September 2011.