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The Planning (Hazardous Substances) Act 1990 (Commencement and Transitional Provisions) Order 1992

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Transitional exemptions

4.—(1) No offence is committed under section 23(1) of the 1990 Act, and no hazardous substances contravention notice may be issued, in respect of the presence of a hazardous substance without hazardous substances consent during the period of 28 days beginning with 1st June 1992.

(2) Where an application for hazardous substances consent under the 1990 Act is received by the hazardous substances authority within the 28 day period mentioned in paragraph (1), no offence is committed under section 23, and no hazardous substances contravention notice may be issued, in respect of a hazardous substance included in the application and present on, over or under the land to which the application applies during the period beginning with the date on which the application is so received and ending on the determination of the application, or 8 weeks after the application is so received, whichever is the earlier.

(3) This article is without prejudice to the transitional exemption insection 26 of the 1990 Act.

(1)

Section 23 was amended by paragraph 10 of Schedule 3 to the Planning and Compensation Act 1991 (c. 34).

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