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2. Immediately before Article 25 of the Clean Air (Northern Ireland) Order 1981(1) insert–
24B.—(1) Where an activity is subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (regulation of polluting activities), Articles 3 to 24A shall not apply in respect of that activity, as from the determination date for the activity in question.
(2) The determination date, for an activity, is–
(a)in the case of an activity for which a permit is granted, the date on which it is granted, whether in pursuance of an application or following an appeal;
(b)in the case of an activity for which a permit is refused, the date of refusal, whether in pursuance of an application or following an appeal.
(3) In paragraph (2) “permit” means a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002 and the reference to an appeal is a reference to an appeal under those regulations.”
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