44Phasing out of Groups 1–4

44 Phasing out of Groups 1–4

44 Phasing out of Groups 1–4

(1) An activity or plant belonging to Group 1 or Group 2 on the commencement of this Regulation remains in the Group if—

(a) the licence for the activity or plant is subject to a legacy condition stating the activity or plant is taken to belong to the Group, and

(b) the legacy condition is in force.

(2) If the licence ceases to be subject to a legacy condition that is in force, the activity or plant is taken to belong to Group 5.

(3) An activity or plant belonging to Group 3 or Group 4 on the commencement of this Regulation remains in the Group after 1 November 2027 if—

(a) the licence for the activity or plant is subject to a legacy condition stating the activity or plant is taken to belong to the Group, and

(b) the legacy condition is in force.

(4) If after 1 November 2027 the licence ceases to be subject to a legacy condition that is in force, the activity or plant is taken to belong to Group 5, subject to section 45.

(5) An activity or plant belonging to Group 3 or Group 4 on the commencement of this Regulation is taken to belong to Group 6 from 1 November 2030 if—

(a) the holder of the licence for the activity or plant gives written notice to the EPA that the activity or plant will be in Group 6, and

(b) the notice is given—

(i) during a licence review period for the licence, or

(ii) before 1 May 2027, and

(c) before 1 November 2030, the EPA varies the licence to include the activity or plant in Group 6.

(6) In this section—

licence review period, for a licence, means the period—

(a) commencing when public notice is given under the Act, section 78(2) that the licence is to be reviewed, and

(b) ending when the review is complete.