The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

PART 2Hazardous substances, controlled quantities and exemptions

Hazardous substances and controlled quantities

3.—(1) For the purposes of the principal Act(1) a hazardous substance is any substance or mixture, present as a raw material, product, by-product, residue or intermediate—

(a)falling within a category in column 1 of Part 1 of Schedule 1;

(b)specified in column 1 of Part 2 of that Schedule; or

(c)meeting the description in column 1 of Part 3 of that Schedule.

(2) For the purposes of the principal Act, the quantity specified in column 2 of Schedule 1 is the controlled quantity of the corresponding hazardous substance or category of hazardous substance, as the case may be, in column 1 of that Schedule.

Exemptions

4.  Schedule 2 has effect.

(1)

Section 2(1) of the Planning (Hazardous Substances) (Scotland) Act 1997 provides that the presence of a hazardous substance on, over or under land requires the consent of the planning authority.