The Planning (Hazardous Substances) (Wales) Regulations 2015

PART 1 E+W General

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Planning (Hazardous Substances) (Wales) Regulations 2015 and they come into force on 4 September 2015.

(2) These Regulations apply in relation to Wales.

Interpretation E+W

2.—(1) In these Regulations—

“the 1992 Regulations” (“Rheoliadau 1992”) means the Planning (Hazardous Substances) Regulations 1992 M1 ;

“COMAH competent authority” (“awdurdod COMAH cymwys”) means—

(a)

in relation to a nuclear site the Office of Nuclear Regulation and the Natural Resources Body for Wales acting jointly,

(b)

otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly;

“commencement date” (“dyddiad cychwyn”) means 4 September 2015;

“the Directive” (“y Gyfarwyddeb”) means Directive 2012/18/EU of the European Parliament and the Council on the control of major-accident hazards involving dangerous substances [F1 as it had effect immediately before IP completion day] M2 ;

[F2 “the EIA Directive” (“y Gyfarwyddeb AEA”) means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment as it had effect immediately before IP completion day;]

“electronic communications” (“cyfathrebiadau electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000;

[F3 “full statement of case” (“datganiad achos llawn”) means and is comprised of—

(a)

a statement in writing containing full particulars of the case—

(i)

the applicant proposes to put forward in relation to the application referred to the Welsh Ministers pursuant to a direction under section 20 of the PHSA; or

(ii)

the appellant proposes to put forward in relation to the appeal under section 21 of the PHSA; and

(b)

copies of any supporting documents the applicant or the appellant proposes to refer to or put forward in evidence;]

[F2 “major accident” (“damwain fawr”) has the meaning given in Article 3(13) of the Directive as it had effect immediately before IP completion day;]

“nuclear site” (“safle niwclear”) has the same meaning as in section 112(1) of the Energy Act 2013 M3 ;

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

“TCPA” (“DCGTh”) means the Town and Country Planning Act 1990 M4 .

(2) In these Regulations a reference to a numbered form is a reference to the correspondingly numbered form in Schedule 3.

(3) Parts 1 to 3 of Schedule 1 (hazardous substances and controlled quantities) are to be construed in accordance with the notes to that Schedule and a reference in that Schedule to a note is a reference to a note in Part 4 of that Schedule.

(4) References in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (“the CLP Regulation”) on classification, labelling and packaging of substances and mixtures are references to that regulation as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 5(2)(a); (as amended by S.I. 2020/1324, regs. 1(2), 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) inserted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 5(2)(b); (as amended by S.I. 2020/1324, regs. 1(2), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) inserted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 3 (with reg. 8)

Marginal Citations

M1 S.I. 1992/656; relevant amendments were made by section 76(7) of the Utilities Act 2000 (c. 27) and by S.I. 1999/981, S.I. 2006/1282, S.I. 2996/1283, S.I. 2009/1901, S.I. 2010/1050 and S.I. 2014/162.

M2 O.J. No. L 197, 24.7.2012, p. 1.

M3 2013 c. 32.

M4 1990 c. 8.