71A.—(1) Regulation 12(1) does not apply to an existing mining waste operation involving an existing mining waste facility until the date referred to in paragraph (2).
(2) The date referred to in this paragraph is—
(a)if an application for the grant or variation of an environmental permit is made on or before 1st May 2011—
(i)if the application is granted, the date of the grant,
(ii)if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn,
(iii)if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with regulation 31(1) but does not do so, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6, or
(iv)if the application is for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility and the application is refused pursuant to paragraph 14(2) of Schedule 18B, the date of the refusal;
or
(b)if no such application is made, 1st May 2011.
(3) Where an existing mining waste operation is not covered by paragraph (1), regulation 12(1) does not apply to that operation until the date referred to in paragraph (4).
(4) The date referred to in this paragraph is—
(a)if an application for the grant or variation of an environmental permit is made on or before 30th December 2010—
(i)if the application is granted, the date of the grant,
(ii)if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn, or
(iii)if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6;
or
(b)if no such application is made, 30th December 2010.
(5) In this regulation, “existing mining waste operation” means a mining waste operation subsisting on 1st May 2008.]
Textual Amendments