43Group to which activity or plant belongs

43 Group to which activity or plant belongs

43 Group to which activity or plant belongs

(1) An activity carried out, or plant operated, on scheduled premises belongs to—

(a) if the carrying on of the activity, or the operation of the plant, commences after the commencement of this Regulation—Group 6, or

(b) otherwise—the Group in which the activity or plant belonged immediately before the commencement of this Regulation, except as otherwise provided by this Subdivision.

Note—

The groups in which activity or plant belonged originally was as follows—

(a) Group 1—if it commenced to be carried on or to operate (commenced)—

(i) before 1 January 1972, or

(ii) on or after 1 January 1972 under a pollution control approval granted under the Pollution Control Act 1970 (a pollution control approval) if the application for the approval was made before 1 January 1972,

(b) Group 2—if it commenced on or after 1 January 1972 under a pollution control approval, if the application for the approval was made on or after 1 January 1972 and before 1 July 1979,

(c) Group 3—if it commenced on or after 1 July 1979 under a pollution control approval, if the application for the approval was made on or after 1 July 1979 and before 1 July 1986,

(d) Group 4—if it commenced on or after 1 July 1986 under a pollution control approval, if the application for the approval was made on or after 1 July 1986 and before 1 August 1997,

(e) Group 5—if it commenced on or after 1 August 1997 under—

(i) a pollution control approval, if the application for the approval was made on or after 1 August 1997 and before 1 July 1999, or

(ii) an environment protection licence if the application for the licence was made before 1 September 2005,

(f) Group 6—if it commenced on or after 1 September 2005 under an environment protection licence, if the application for the licence was made on or after 1 September 2005.

(2) Except as provided by section 47(4), an activity or plant that belongs to both Group 6 and another Group is taken to belong to Group 6.