The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 2) Regulations 2005

Transitional provisions

20.—(1) This regulation applies to the carrying on of any exempt activity falling within paragraph 7, 8, 9, 10, 12 or 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) which was being carried on immediately before the amendment date (“a transitional exempt activity”).

(2) A person who was carrying on a transitional exempt activity at any place immediately before the amendment date will be treated as if the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) continue to apply in relation to the carrying on of that activity at that place until the prescribed date.

(3) The prescribed date is—

(a) where an application for a waste management licence is duly made in relation to the activity before 1st October 2005, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or any appeal is withdrawn or finally determined;

(b) where a notification is provided in relation to that activity in accordance with regulation 18AA(1) of the Waste Management Licensing Regulations 1994 before 1st October 2005, the date on which the appropriate registration authority enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the exempt person of their decision; or

(c) in any other case, 1st October 2005.