Planning (Hazardous Substances) Act 1990

Hazardous substances authorities

1 Hazardous substances authorities: general

The council of the district or London borough in which land is situated shall be the hazardous substances authority in relation to the land except in cases where section 2 or 3 applies.

2 Hazardous substances authorities: statutory undertakers

(1) The appropriate Minister shall be the hazardous substances authority for—

(a) operational land of statutory undertakers; and

(b) land in which statutory undertakers hold or propose to acquire an interest with a view to the land being used as operational land.

(2) For the purposes of this section a wharf or harbour land which is not operational land of statutory undertakers authorised to carry on a harbour shall be treated as if it were such operational land.

(3) Any question whether subsection (2) applies to land shall be determined by the Secretary of State and the Minister who is the appropriate Minister in relation to operational land of statutory undertakers who are authorised to carry on harbour undertakings.

(4) In this section “wharf” and “harbour land” have the same meaning as in the [1964 c. 40.] Harbours Act 1964.

3 Hazardous substances authorities: other special cases

(1) The county council shall be the hazardous substances authority for land which is in a non-metropolitan county and—

(a) is situated in a National Park;

(b) is used for the winning and working of minerals (including their extraction from a mineral-working deposit); or

(c) is situated in England and used for the disposal of refuse or waste materials,

unless subsection (2) applies.

(2) If the land is in a National Park for which a joint planning board or special planning board has been constituted, the board shall be the hazardous substances authority for the land.

(3) The Broads Authority is the hazardous substances authority for the Broads unless subsection (1) or (2) applies.

(4) If the land is in an area for which an urban development corporation is the local planning authority in relation to all kinds of development, the corporation shall be the hazardous substances authority for the land unless subsection (1) or (2) applies.

(5) If the land is in an area for which a housing action trust established under Part III of the [1988 c. 50.] Housing Act 1988 is the local planning authority in relation to all kinds of development, the trust shall be the hazardous substances authority for the land unless subsection (1) or (2) applies.

(6) This section does not apply to land to which section 2 applies.