82A. (1) In this section “earlier Part IV” means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.

(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—

(a) on the coming into operation of this section a licence or revised licence under the earlier Part IV is in force in relation to the activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 January 2014—

(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part IV or this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(3) Subsection (2) applies to any of the following activities:

(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input exceeding 50 MW;

(b) an activity specified in paragraph 9.3.1, 9.4.1, 9.4.2(a), 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 12.3, 1.1.1, 10.2, 10.3, 10.4, 4.3, 4.2.1 or 13.4.1 of the First Schedule;

(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by chemical processing;

(d) an activity specified in paragraph 8.1, 8.2, 8.5.1, 8.6.1, or 7.4.1 of the First Schedule;

(e) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC¹ of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;

(f) an activity specified in paragraph 7.2.1, 7.7.1, 6.1, 6.2, 12.2.1, 9.4.3 or 13.5 of the First Schedule.

(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—

(a) on the coming into operation of this section a licence or revised licence granted under the earlier Part IV is in force in relation to that activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 July 2015—

(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part IV or this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(5) Subsection (4) applies to any of the following activities:

(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input of 50 MW;

(b) an activity specified in paragraph 9.4.2(b) of the First Schedule;

(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by biological processing;

(d) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC does not apply to the activity;

F90[(e) an activity specified in paragraph 8.3, 8.7 or 13.6 of the First Schedule.]

(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.

(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.

(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(8) A licence or revised licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted, in accordance with subsection (6)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—

(a) examined the terms of every licence and revised licence referred to in subsection (2)(a) or (2)(b) which was granted, in accordance with subsection (6)(a) under the earlier Part IV, and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or

(ii) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(9) A licence or revised licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—

(a) examined the terms of every licence and revised licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part IV and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or

(ii) it has determined that the licence or revised licence does not require be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(10)(a) None of the requirements of section 90 shall apply to the performance of functions conferred on the Agency under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before performing that function.

(b) Where the Agency considers that it is necessary for the purpose of the performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

(c) The Agency shall, as soon as may be after the performance of functions conferred on it under subsection (8) or (9), notify particulars of the amendment effected by that performance to each person who made an objection to the Agency under section 87(5) in relation to any performance by the Agency of powers conferred on it under section 83 or 90 as respects the licence or revised licence concerned.

(11) If the bringing into conformity with the Industrial Emissions Directive of a licence or revised licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the licence or revised licence (and the making of the amendment will not significantly alter the character of the licence or revised licence) then, the Agency shall make those amendments of the conditions of or schedules to the licence or revised licence (which, by virtue of this subsection, it has power to do).]