Section 41A

Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) or section 18 of the Regulatory Reform (Scotland) Act 2014 , Parts I to III of this Act shall not apply as from the determination date for the activity in question. The “determination date”, for an activity, is— in the case of an activity for which a permit or authorisation is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it; in the case of an activity for which a permit or authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal; in the case of an activity that is an exempt waste operation, the date of the entry on the register maintained under paragraph 11 of Schedule 2 (exempt facilities: general) to the Environmental Permitting Regulations of an establishment or undertaking in relation to that operation. In subsection (2)— “exempt waste operation” has the meaning given in the Environmental Permitting Regulations; “permit” means a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations. ; and “authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations. In this section— activity” includes— a waste operation, or mining waste operation, within the meaning of the Environmental Permitting Regulations;, and a mining waste operation within the meaning of those Regulations; “the Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) .

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