The Planning (Hazardous Substances) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1597 (W. 196)

Town And Country Planning, Wales

The Planning (Hazardous Substances) (Wales) Regulations 2015

Made

3 August 2015

Laid before the National Assembly for Wales

7 August 2015

Coming into force

4 September 2015

M1 M2 The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to the prevention and limitation of the effects of accidents involving dangerous substances insofar as they relate to land-use planning, transport routes or fisheries .

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 4, 5, 7, 8, 17, 21, 21B, 24, 25, 26A, 28, 30 and 40 of the Planning (Hazardous Substances) Act 1990 M3 , section 2(2) and paragraph 1A of Schedule 2 to the 1972 Act and section 26 of the Welsh Language Act 1993 M4 .These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures M5 , to be construed as references to that instrument as amended from time to time.

Modifications etc. (not altering text)

C1 Regulations applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 6 para. 2 (with regs. 1(3), 46)

Marginal Citations

M1 1972 c. 68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M2 S.I. 2015/814.

M3 1990 c. 10. The functions of the Secretary of State under those sections were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2). See section 39(2) for the meaning of “prescribed”. Section 4 was amended by S.I. 1999/981 to which there are other amendments not relevant to these Regulations. Section 7(1) was amended by section 144 of and paragraph 3 of Part 1 of Schedule 13 to the Environmental Protection Act 1990 (c. 43) (“the EPA 1990”), section 21(3A) was inserted by section 197 of, and paragraph 6 of Schedule 11 to, the Planning Act 2008 (c. 29) (“the 2008 Act”), section 21B was inserted by regulation 2(3) of S.I. 2014/2773 (W. 280), section 25 has been amended by section 144 of, and paragraph 8 of Part 1 of Schedule 13 to, the EPA 1990, sections 25 and 84 of, and paragraphs 13 and 30 of Schedule 3 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and section 196(4) and paragraphs 25, 28(a) and 28(b) of Schedule 10 to, the 2008 Act, section 26A was inserted by section 144 of, and paragraph 9 of Part 1 of Schedule 13 to, the EPA 1990, section 28 has been amended by sections 144 and 162 of, and paragraph 2(4) of Part 1 of Schedule 13 and Part 7 of Schedule 16 to, the EPA 1990 and section 40(4) was inserted by section 118(1) of and paragraph 27 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5).

M4 1993 c. 38. The functions of the Secretary of State under this section were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

M5 O.J. L 345, 23.12,2008, p. 68.