SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1:PART A INSTALLATIONS AND MOBILE PLANT

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In this Part of this Schedule—

  • “determination date” means—

    1. a

      for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or, on an appeal, of a direction to grant it;

    2. b

      for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

    3. c

      for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given.

  • “existing” means, in relation to a Part A installation or a Part A mobile plant—

    1. a

      an installation or mobile plant which is put in to operation before 31st October 1999; or

    2. b

      an installation or mobile plant which is put into operation on or after that date but before 31st October 2000, provided that—

      1. i

        the operation of the installation or mobile plant was authorised by the relevant authorisation before 31st October 1999; or

      2. ii

        an application for such authorisation was duly made before that date;

  • “new” means, in relation to a Part A installation or a Part A mobile plant, an installation or plant which is put into operation on or after 31st October 1999 other than an existing Part A installation or Part A mobile plant;

  • “relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant—

    1. a

      where the operation of the installation or mobile plant immediately before 31st October 1999 requires an authorisation under Part I of the Environmental Protection Act 1990, an authorisation under that Part of that Act;

    2. b

      where the operation of the installation or mobile plant immediately before 31st October 1999 requires a waste management licence under Part II of the Environmental Protection Act 1990, a waste management licence under that Part of that Act;

    3. c

      in any other case, planning permission granted under the Town and Country Planning Act 1990;

  • “relevant period” shall be interpreted in accordance with paragraph 2.