- Latest available (Revised)
- Original (As made)
The Planning Reform (Northern Ireland) Order 2006, PART 3 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
12.—(1) This paragraph applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land.N.I.
(2) The appropriate authority shall make a claim in the prescribed form before the end of the transitional period.
(3) The claim shall contain the prescribed information as to—
(a)the presence of the substance during the establishment period;
(b)how and where the substance was kept and used.
(4) Unless sub-paragraph (5) or (7) applies, the Department is deemed to have granted the hazardous substances consent claimed in pursuance of sub-paragraph (2).
(5) This sub-paragraph applies if the Department thinks that a claim does not comply with sub-paragraph (3).
(6) If sub-paragraph (5) applies, the Department shall, before the end of the period of two weeks from its receipt of the claim—
(a)notify the claimant that in the Department's opinion the claim is invalid;
(b)give the claimant the Department's reasons for that opinion.
(7) This sub-paragraph applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.
(8) Hazardous substances consent which is deemed to be granted under this paragraph is subject—
(a)to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this sub-paragraph at any one time shall not exceed the established quantity;
(b)to such other conditions (if any) as are prescribed for the purposes of this paragraph and are applicable in the case of the consent.
(9) A substance is present for the purposes of sub-paragraph (8)(a) if—
(a)it is on, over or under land to which the claim for consent relates,
(b)it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or
(c)it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,
and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of heads (a) to (c) shall be counted only once.
(10) The establishment period is the period of 12 months ending on the day before the date of the coming into operation of Article 21(1) of the Planning Reform (Northern Ireland) Order 2006.
(11) The transitional period is the period of 6 months starting on the day before the date of the coming into operation of that Article.
(12) The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.
(13) In this paragraph, “appropriate authority” has the same meaning as in Part XII of the principal Order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: