255Evidence of threshold tests for scheduled activities

255 Evidence of threshold tests for scheduled activities

255 Evidence of threshold tests for scheduled activities

(1) In a case where there is a numerical or other threshold to be met for the purposes of determining whether activities are scheduled activities—

(a) the question of whether the threshold was met is not relevant for the purposes of any proceedings under this Act, once it is established that an environment protection licence was in force in respect of the activities at the relevant time, and

(b) it is immaterial for the purposes of those proceedings that the licence was not at that or any other time, or ever, needed.

(2) This section does not apply to licences that are only issued to regulate water pollution resulting from non-scheduled activities.