Regulation 16 Regulation 40 (defences)

In regulation 40 of the principal Regulations, after paragraph (3) insert—

“(4)

Subject to paragraph (5), it is a defence for a person charged with an offence under regulation 38(1) in relation to an activity listed in regulation 12(7), to prove that a duly-made application for a permit was submitted to the regulator by—

(a)

30th September 2014 where the activity is listed in sub-paragraph (a), (b) or (e) of regulation 12(7);

(b)

31st December 2014 where the activity is listed in sub-paragraph (c),(d) or (h) of regulation 12(7);

(c)

31st March 2015 where the activity is listed in sub-paragraph (f), (g) or (i) of regulation 12(7).

(5)

Where a permit has been refused, paragraph (4) does not apply—

(a)

if the applicant appeals against the refusal, after the date the appeal is determined or withdrawn, or

(b)

if the applicant does not appeal, after the day after the last day on which an appeal could have been brought under these Regulations.”.