The Planning (Hazardous Substances) (Amendment) (England) Regulations 2009

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Planning (Hazardous Substances) (Amendment) (England) Regulations 2009 and shall come into force on 1st October 2009.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990; and

“the Hazardous Substances Regulations” means the Planning (Hazardous Substances) Regulations 1992(1).

Amendment of the Planning (Hazardous Substances) Regulations 1992

2.—(1) The Hazardous Substances Regulations are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Directive”, after “substances” insert “(as amended by Council Directive 2003/105/EC(2))”.

(3) In regulation 4(6) (exemptions) for “6, 14, 35 and 39” substitute “10, 18, 39 and 43”.

(4) For Schedule 1 (hazardous substances and controlled quantities) substitute Schedule 1 set out in the Schedule to these Regulations.

Transitional provision: existing consents

3.—(1) This regulation applies to a substance, mixture or preparation within the meaning of regulation 3 of the Hazardous Substances Regulations, named or categorised in a hazardous substances consent granted (or deemed to be granted) before the coming into force of these Regulations where—

(a) the name or categorisation of that substance, mixture or preparation in column 1 of Part A or Part B of Schedule 1 to the Hazardous Substances Regulations as it exists before the coming into force of these Regulations will be renamed or re-categorised as a result of the coming into force of these Regulations; and

(b) the hazardous substances consent is extant in relation to the substance, mixture or preparation concerned immediately before the coming into force of these Regulations.

(2) As regards a substance, mixture or preparation to which this regulation applies, the amendments made by these Regulations may be disregarded in construing the hazardous substances consent in so far as it relates to that substance, mixture or preparation or its controlled quantity.

(3) Paragraph (2) ceases to apply where the hazardous substances consent in relation to that substance, mixture or preparation or its controlled quantity is varied by the hazardous substances authority on or after the 1st October 2009.

Transitional exemptions

4.—(1) No offence is committed under section 23 of the Hazardous Substances Act before 1st April 2010 and no hazardous substances contravention notice may be issued before that date in relation to a hazardous substance which is on, over or under any land, if—

(a) the substance was present on, over or under the land at any time within the period of 12 months ending on 1st October 2009 and was not a substance or quantity of substance for which hazardous substances consent was required before that date; and

(b) the substance is not present during the period beginning on 1st October 2009 and ending on 31st March 2010 in a quantity greater in aggregate than the established quantity.

(2) In paragraph (1) “the established quantity”, in relation to any land, means the maximum quantity which was present on, over or under the land at any one time within the period of 12 months ending on 1st October 2009.

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

15th July 2009