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42.—(1) The treatment, keeping or disposal by any person at any premises of waste consisting of scrap metal or waste motor vehicles which are to be dismantled if –
(a)he was carrying on the activity in question at those premises before 19th December 2003; and
(b)he has applied, before that date, for a disposal licence under Part II of the 1978 Order authorising that activity and that application is pending on that date.
(2) The exemption conferred by sub-paragraph (1), in relation to the carrying on of an activity at any premises, shall cease to have effect in relation to the carrying on of that activity at those premises on the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, on the date on which –
(a)the period for appealing expires without an appeal being made; or
(b)any appeal is withdrawn or finally determined.
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