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40.—(1) Where in the case of a disposal to which this Part applies the disposal is not wholly treated as being an exempt disposal it shall, to the extent that it is not so treated, be treated as having been made at the earliest of the following times—
(a)when the relevant period has expired;
(b)when the designation ceases to have effect;
(c)when there has been a breach of any condition specified by the Commissioners or an authorised person;
(d)when there has been a failure to make the temporary disposal record;
(e)when there has been a failure to maintain the temporary disposal record;
(f)when any of the material concerned is used (other than by way of a further disposal) at the same or another landfill site (but not in the same designated area).
(2) The reference in paragraph (1)(e) above to a failure to maintain the temporary disposal record is a reference to an omission to enter in a record that has been made the information specified in regulation 39(3) in relation to any disposal made after the record was made.
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