The Environmental Permitting (England and Wales) Regulations 2010

[F1 End time: regulations 72A and 72B E+W+S

72C.— (1) For the purposes of regulations 72A and 72B, the end time is—

(a) where, before 1st April 2012, A makes a permit application—

(i) if that application is granted, the time of grant;

(ii) if that application is refused and—

(aa) A appeals against the refusal under regulation 31, the time at which the appeal is determined or withdrawn;

(bb) A does not appeal against the refusal, the end of the day which is the final appeal date;

or

(b) where no such application is made, the earliest of—

(i) 1st April 2012;

(ii) the time at which A ceases to carry on the continuing activity; or

(iii) for the purposes of regulation 72A only, the time a radioactive substances exemption first applies to A in respect of the continuing activity.

(2) In paragraph (1)—

“final appeal date” means the last day on which an appeal against a refusal to grant an environmental permit could have been brought under regulation 31, but not including any extension of the time limit for making an appeal allowed by the appropriate authority under paragraph 3(2) of Schedule 6; and

“permit application” means—

(a)

an application for an environmental permit under regulation 13 in respect of (as applicable) the continuing activity under regulation 72A or 72B; or

(b)

an application under regulation 20 for a variation of an existing environmental permit, in respect of the inclusion in the permit of that continuing activity.”.]

Textual Amendments

F1 Regs. 72A-72D inserted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), regs. 1(b), 11