Planning Act (Northern Ireland) 2011

Applications by councils for hazardous substances consent

120.—(1) The provisions listed in subsection (2) shall apply in relation to granting hazardous substances consent to councils, subject to regulations made by virtue of this subsection.

(2) The provisions are—

(a) the provisions of this Chapter;

(b) the provisions of Part 5;

(c) sections 182, 184, 223 and 242.

(3) Regulations made under subsection (1) may—

(a) provide for any of the provisions listed in subsection (2) to apply subject to prescribed exceptions or modifications or not to apply;

(b) make new provision as to any matter dealt with in any of those provisions.

(4) Subject to the provisions of paragraph 3(3) of Schedule 8 to the Electricity (Northern Ireland) Order 1992 (NI 1), any regulations made under subsection (1) may in particular provide for securing—

(a) that any application by a council for hazardous substances consent in respect of the presence of a hazardous substance on, over or under land shall be made to the Department and not to the council;

(b) that any order or notice authorised to be made, issued or served under this Chapter or Part 5 shall be made, issued or served by the Department and not by the council.