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Planning (Hazardous Substances) (Scotland) Act 1997

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This is the original version (as it was originally enacted).

2Requirement of hazardous substances consent

(1)Subject to the provisions of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”).

(2)Subsection (1) does not apply if the aggregate quantity of the substance—

(a)on, over or under the land,

(b)on, over or under other land which is within 500 metres of it and controlled by the same person, or

(c)in or on a structure controlled by the same person any part of which is within 500 metres of it,

is less than the quantity prescribed as the controlled quantity for that substance.

(3)The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.

(4)The Secretary of State may by regulations provide that hazardous substances consent is not required or is only required—

(a)in relation to land of prescribed descriptions;

(b)by reason of the presence of hazardous substances in prescribed circumstances.

(5)Regulations under this section may make different provision for different cases or descriptions of cases.

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