The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

PART 2 HAZARDOUS SUBSTANCES, CONTROLLED QUANTITIES AND EXEMPTIONS

Hazardous substances and controlled quantities

3.—(1) Subject to paragraph (2), the substances specified in column (1) of Schedule 1 are hazardous substances for the purposes of the Act.

(2) A substance which is controlled waste, as defined by section 75(4) of the Environmental Protection Act 1990(1), or radioactive waste, as defined in section 18(4) of the Radioactive Substances Act 1960(2), is not a hazardous substance for the purposes of the Act.

(3) The quantity specified in column (2) of Schedule 1 is the controlled quantity of the corresponding hazardous substance in column (1) of that Schedule for the purposes of the Act.

Exemptions.

4.—(1) Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between its being unloaded from one means of transport and loaded onto another, while being transported from one place to another.

(2) Hazardous substances consent is not required for the presence of a hazardous substance contained in an aerosol dispenser if—

(a) the capacity of the dispenser does not exceed 1000 millilitres; or

(b) the dispenser—

(i) does not contain a substance or mixture of substances which is flammable within the meaning of paragraph 2 of Part III of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984(3); and

(ii) does not contain a substance numbered 7, 8, 18, 21, 22, 24, 25, 27, 29, 30, 33, 34 or 65 in column 1 of Schedule 1 or, if it does, the aggregate quantity of that substance contained in aerosol dispensers with a capacity in excess of 1000 millilitres on the relevant site is less than the controlled quantity for that substance.

(3) Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipeline or a service pipe.

(4) Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea-going craft in an emergency until the expiry of the period of 14 days beginning with the day on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if—

(a) it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985(4) (directions by Secretary of State to harbour master) applied; or

(b) it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987(5), without requiring notification under paragraph (1) of regulation 6 of those regulations by virtue of an exemption under paragraph (5) of that regulation.

(5) Where hazardous substances consent is deemed to have been granted under section 38 of the 1986 Act for the presence of substance number 40 in column 1 of Schedule 1, consent is not required for the presence of an additional quantity of that substance not exceeding one third of the established quantity provided that all the conditions set out in Schedule 3 and applying to that substance under the deemed consent are also complied with in relation to the additional quantity present.

(6) The presence of a substance to which paragraphs (1), (2), (3) and (4) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or of these Regulations.

(7) In this regulation—

(a) “exempt pipe-line” means a pipe-line used to convey a hazardous substance to or from a site, but does not include—

(i) that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;

(ii) a service pipe;

(b) “service pipe” means a pipe-line used by a public gas supplier (within the meaning of section 7(1) of the Gas Act 1986(6) to supply gas to an individual consumer from a main of that supplier.

(1)

1990 c. 43.

(2)

1960 c. 34.

(3)

S.I. 1984/1244 (to which there are amendments not relevant to these Regulations).

(4)

1985 c. 22.

(5)

S.I. 1987/37 (to which there are amendments not relevant to these Regulations).

(6)

1986 c. 44.