Section 41

Parts I to III shall not apply to any process which is a prescribed process as from the date which is the determination date for that process. The “determination date” for a prescribed process is— in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it, and in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal. In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.

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Source: legislation.gov.uk · retrieved 2026-07-30