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2.—(1) Article 53 (requirement of hazardous substances consent) of the 1991 Order shall be amended in accordance with paragraphs (2) to (4).
(2) In paragraph (1)—
(a)after sub-paragraph (a) insert—
“(aa)on, over or under other land which is controlled by the same person and which, in all the circumstances (including in particular the purpose for which the land and the land mentioned in sub-paragraph (a) is used) forms with the land so mentioned a single establishment;”;
(b)in sub-paragraph (b) for the word “it” substitute “the land mentioned in sub-paragraph (a)”; and
(c)in sub-paragraph (c) for the word “it” substitute “the land mentioned in sub-paragraph (a)”.
(3) After paragraph (1) insert—
“(1A) A quantity of a substance which falls within more than one sub-paragraph of paragraph (1) shall only be counted once.”.
(4) For paragraph (2) substitute—
“(2) 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—
(a)it is unloaded; or
(b)it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.”.
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