Paragraph 26 Existing applications

(1)

If before the relevant date, a person has applied, or has been treated by SEPA as having applied for—

(a)

any of the following under the CAR Regulations—

(i)

a water use licence or registration under regulation 11,

(ii)

an authorisation under regulation 10,

(iii)

the variation of an authorisation under regulation 23 or 24,

(iv)

the transfer of an authorisation under regulation 25,

(v)

the surrender of an authorisation under regulation 27,

(vi)

a determination of commercial confidentiality under regulation 39,

(b)

any of the following under the 2012 Regulations—

(i)

a permit under regulation 13,

(ii)

the variation of a permit under regulation 46,

(iii)

the transfer of a permit under regulation 47,

(iv)

the surrender of a permit under regulation 48,

(v)

a determination of commercial confidentiality under regulation 66(2),

(c)

any of the following under the 1990 Act—

(i)

a waste management licence under section 36 of the 1990 Act,

(ii)

the variation of a waste management licence under section 37 of the 1990 Act,

(iii)

the transfer of a waste management licence under section 40 of the 1990 Act,

(iv)

the surrender of a waste management licence under section 39 of the 1990 Act,

(v)

a determination of commercial confidentiality under section 66 of the 1990 Act,

and that application has not been concluded before the relevant date, sub-paragraphs (2)-(4) apply.

(2)

Notwithstanding the revocation of the CAR Regulations, the CAR Regulations continue to have effect in relation to any application referred to in sub-paragraph (1)(a) until the application is concluded.

(3)

Notwithstanding the revocation of the 2012 Regulations, and subject to paragraph 27, the 2012 Regulations continue to have effect in relation any application referred to in sub-paragraph (1)(b) until the application is concluded.

(4)

Notwithstanding the revocation of the sections 35 to 44 of the 1990 Act and the 2011 Regulations, and subject to paragraph 27, those enactments continue to have effect in relation to any application referred to in sub-paragraph (1)(c).

(5)

A water licence or registration, a PPC permit, waste management licence, or variation, transfer, surrender or determination of commercial confidentiality, that is subsequently granted by SEPA following an application referred to in sub-paragraph (1)—

(a)

may only be granted to the extent that it could be granted under the 2018 Regulations,

(b)

is deemed to have been granted immediately before the relevant date.