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43.—(1) The treatment, keeping or disposal by any person at any premises of waste if –
(a)he was carrying on the activity in question at those premises before 19th December 2003; and
(b)before that date no disposal licence was required under Part II of the 1978 Order for that activity.
(2) Subject to sub-paragraph (3), the exemption conferred by sub-paragraph (1), in relation to an activity carried on by a person at any premises, shall after 19th December 2004 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.
(3) Where a person makes such an application as is mentioned in sub-paragraph (2), the exemption conferred by sub-paragraph (1) shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until 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(b)any appeal is withdrawn or finally determined.
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