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The Planning (Hazardous Substances) (Wales) Regulations 2015

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  1. Introductory Text

  2. PART 1 General

    1. 1.Title, commencement and application

    2. 2.Interpretation

  3. PART 2 Hazardous substances, controlled quantities and exemptions

    1. 3.Hazardous substances and controlled quantities

    2. 4.Exemptions

  4. PART 3 Hazardous substances consent procedures

    1. 5.Applications for hazardous substances consent

    2. 6.Publication of notices of applications

    3. 7.Notification of applications to owners

    4. 8.Inspection of applications

    5. 9.Receipt of applications by hazardous substances authority

    6. 10.Consultation before the grant of hazardous substances consent

    7. 11.Determination of applications for hazardous substances consent

    8. 12.Notice of reference of applications to the Welsh Ministers

    9. 13.Appeals

    10. 13A.Variation of applications after notice of appeal

    11. 14.Period for determination of procedure under sections 20 and 21 of the PHSA

  5. PART 4 Enforcement (hazardous substances contravention notices – appeals, effect and register)

    1. 15.Hazardous substances contravention notices: supplementary provisions

    2. 16.Appeals against hazardous substances contravention notices

    3. 17.Appeals: supplementary

    4. 18.Effect of non-compliance with hazardous substances contravention notices, etc.

    5. 19.Register of hazardous substances contravention notices

    6. 20.Validity, etc.

    7. 21.Interpretation of TCPA for the purposes of this Part

  6. PART 5 Other matters relating to hazardous substances consent (consents register, fees, application of the PHSA to hazardous substances authorities and notification of other establishments)

    1. 22.Consents register

    2. 23.Fees for applications

    3. 24.Fees for deemed applications

    4. 25.Application of the PHSA to hazardous substances authorities

  7. PART 6 Policies and public consultation and participation

    1. 26.Policies

    2. 27.Plans and programmes

    3. 28.Other planning approvals for projects

  8. PART 7 Revocations, amendments, savings and transitional provisions and application to the Crown

    1. 29.Interpretation of this Part

    2. 30.Revocations

    3. 31.Transitional applications and appeals

    4. 32.Interpretation of existing consents

    5. 33.Saving for deemed consent conditions

    6. 34.Notification of other establishments

    7. 35.Amendments

    8. 36.Application to the Crown

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      HAZARDOUS SUBSTANCES AND CONTROLLED QUANTITIES

      1. PART 1 Categories of substances

        1. This Part covers all hazardous substances falling under the hazard...

      2. PART 2 Named hazardous substances

      3. PART 3 Substances used in an industrial chemical process

        1. (See note 23)

      4. PART 4 Notes to Parts 1 to 3

        1. 1.Substances and mixtures are classified in accordance with the CLP...

        2. 2.Mixtures must be treated in the same way as pure...

        3. 3.The controlled quantities set out in Parts 1 to 3...

        4. 4.The following rule governing the addition of hazardous substances, or...

        5. 5.In the case of hazardous substances which are not covered...

        6. 6.In the case of hazardous substances with properties giving rise...

        7. 7.Hazardous substances that fall within Acute Toxic Category 3 via...

        8. 8.The hazard class Explosives includes explosive articles (see Section 2.1...

        9. 9.Testing for explosive properties of substances and mixtures is only...

        10. 10.If Explosives of Division 1.4 are unpacked or repacked, they...

        11. 11.(1) Flammable aerosols are classified in accordance with the Council...

        12. 12.According to paragraph 2.6.4.5 in Annex I to the CLP...

        13. 13.Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition This applies...

        14. 14.Ammonium nitrate (1,250/5,000): fertiliser grade This applies to straight ammonium...

        15. 15.Ammonium nitrate (350/2,500): technical grade This applies to ammonium nitrate...

        16. 16.Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the...

        17. 17.Potassium nitrate (5,000/10,000) This applies to those composite potassium-nitrate based...

        18. 18.Potassium nitrate (1,250/5,000) This applies to those composite potassium-nitrate based...

        19. 19.Upgraded biogas For the purpose of the implementation of these...

        20. 20.Polychlorodibenzofurans and polychlorodibenzodioxins The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are...

        21. 21.In cases where this hazardous substance falls within category P5a...

        22. 22.Where a hazardous substance is covered by Part 1 of...

        23. 23.In relation to Part 3— (a) where S also falls...

        24. 24.Expressions appearing both in this Schedule and in the Directive...

    2. SCHEDULE 2

      EXEMPTIONS

      1. 1.Loading, unloading and intermediate storage

      2. 2.Pipelines

      3. 3.Emergency unloading from ships

      4. 4.For the purpose of paragraph 3, a substance is to...

      5. 5.Landfill sites

      6. 6.Paragraph 5 does not apply to— (a) a site used...

      7. 7.Nuclear sites

      8. 8.Minerals

      9. 9.Hazardous substances consent is not required for the presence of...

      10. 10.Explosives

      11. 11.Hazardous substance consent is not required where an explosive license...

      12. 12.Presence of established substances

      13. 13.Paragraph 12 does not apply where the quantity of the...

      14. 14.Presence of exempted substances

      15. 15.Presence of small quantities of substances

      16. 16.Minor changes to types and quantities of substances

      17. 17.The conditions are— (a) that before the relevant minor change...

      18. 18.Interpretation of this Schedule

      19. 19.Expressions appearing both in this Schedule and in the Directive...

    3. SCHEDULE 3

      PRESCRIBED FORMS, NOTICES AND CERTIFICATES

    4. SCHEDULE 4

      ENFORCEMENT – SPECIFIED MODIFICATIONS OF THE TCPA

      1. PART 1 Appeals against hazardous substances contravention notices

        1. 1.In sections 174, 175, 176 and 177 of the TCPA...

        2. 2.Section 174 of the TCPA (appeals against enforcement notice), in...

        3. 3.Section 175 of the TCPA (appeals: supplementary provisions), in its...

        4. 4.Section 176 of the TCPA (general provisions relating to determination...

        5. 5.Section 177 of the TCPA (grant or modification of planning...

      2. PART 2 Effect of hazardous substances contravention notices, etc.

        1. 6.In sections 178, 179, 180 and 181 of the TCPA,...

        2. 7.Section 178 of the TCPA (execution and cost of works...

        3. 8.Section 179 (offence where enforcement notice not complied with), as...

        4. 9.Section 180 (effect of planning permission etc. on enforcement or...

        5. 10.Section 181 (enforcement notice to have effect against subsequent development)...

      3. PART 3 Validity

        1. 11.(1) Section 285 of the TCPA (validity of enforcement notices...

    5. SCHEDULE 5

      AMENDMENTS TO LEGISLATION

      1. 1.Amendment of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

      2. 2.Amendment of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012

  11. Explanatory Note

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