45Phasing out of Group 5 for transitioning Group 3 or 4 activities and plant

45 Phasing out of Group 5 for transitioning Group 3 or 4 activities and plant

45 Phasing out of Group 5 for transitioning Group 3 or 4 activities and plant

(1) This section applies to an activity or plant that—

(a) is referred to in section 44(3), and

(b) is, on 1 November 2030, taken to belong to Group 5 because of section 44(4).

(2) The activity or plant remains in Group 5 after 1 November 2030 if—

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

(b) the legacy condition is in force.

(3) If the licence no longer includes a legacy condition that is in force, the activity or plant is taken to belong to Group 6.