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The Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order 2017

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Welsh Statutory Instruments

2017 No. 529 (W. 112)

Town And Country Planning, Wales

The Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order 2017

Made

5 April 2017

Coming into force

5 May 2017

The Welsh Ministers, in exercise of the powers conferred by section 21B(8) of the Planning (Hazardous Substances) Act 1990(1), make the following Order:

In accordance with section 21B(10) of that Act, a draft of this instrument was laid before and approved by resolution of the National Assembly for Wales.

Title and commencement

1.—(1) The title of this Order is the Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order 2017.

(2) This Order comes into force on 5 May 2017.

Determination of procedure for certain proceedings

2.—(1) Section 21B(7) of the Planning (Hazardous Substances) Act 1990 is amended as follows.

(2) After paragraph (b) insert—

(c)an appeal to the Welsh Ministers under section 174 of the principal Act(2) (appeal against enforcement notice) as applied by regulation 16 of, and Part 1 of Schedule 4 to, the Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597 (W. 196)) (appeals against hazardous substances contravention notices).

Jane Hutt

One of the Welsh Ministers

5 April 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds to the list of proceedings in respect of which the Welsh Ministers must make a determination as to the procedure. The procedure can be a local inquiry, a hearing or written representations, or any combination of those three as the Welsh Ministers consider appropriate. The effect of the Order is to require the Welsh Ministers to make a determination of procedure in respect of appeals against hazardous substances contravention notices.

A regulatory impact assessment has been prepared in relation to this instrument. Copies may be obtained from the Planning Directorate of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.

(1)

1990 c. 10. Section 21B was inserted by article 2(3) of the Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773 (W. 280)).

(2)

For the definition of “the principal Act” see section 39(1) of the Planning (Hazardous Substances) Act 1990.

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