Paragraph 1 Interpretation

In this Schedule, “the determination date” for a prescribed process means—

(a)

in the case of a process for which an authorisation is granted by the enforcing authority, whether in pursuance of the application or of a direction under section 6(5) of or paragraph 3(5) of Schedule 1 to the Act, the date on which the authorisation is granted;

(b)

in the case of a process for which an authorisation is refused by the enforcing authority in pursuance of a direction under section 6(5) of or paragraph 3(5) of Schedule 1 to the Act, the date on which the authorisation is refused;

(c)

in the case of a process for which an authorisation is refused by the enforcing authority other than as described in (b) above—

(i)

if the applicant appeals against the refusal and the enforcing authority is directed to grant an authorisation, the date on which the authorisation is granted in pursuance of the direction;

(ii)

if the applicant appeals against the refusal and the refusal is affirmed, the date of the affirmation of the refusal;

(iii)

if no appeal is made against the refusal, the date immediately following the last day, determined in accordance with regulation 10(1) of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991^f1, on which notice of appeal might have been given.

Annotations

Footnotes

f1: S.I. 1991/507.