Planning (Hazardous Substances) Act 1990

39 Interpretation

(1) In this Act —

• “contravention of hazardous substances control” has the meaning given in section 23(2);

• “hazardous substances authority” is to be construed in accordance with sections 1 to 3;

• “hazardous substances consent” means consent required by section 4;

• “hazardous substances contravention notice” means such a notice as is mentioned in section 24(1);

• “the principal Act” means the [1990 c. 8.] Town and Country Planning Act 1990.

(2) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section, the following expressions have the same meaning as in the principal Act—

• “the 1971 Act”;

• “the appropriate Minister”;

• “the Broads”;

• “development”;

• “development plan”;

• “enactment”;

• “functions”;

• “government department”;

• “joint planning board”;

• “land”;

• “local authority”;

• “local planning authority”;

• “London borough”;

• “mineral working deposit”;

• “minerals”;

• “Minister”;

• “operational land”;

• “owner”;

• “the planning Acts”;

• “prescribed”;

• “public gas supplier”;

• “statutory undertakers”;

• “tenancy”;

• “urban development area” and “urban development corporation”;

• “use”;

• “Valuation Office”;

but this subsection does not affect the meaning of “owner” in section 8.

(3) For the purposes of sections 4 to 21 and 23 to 26 any two bodies corporate are to be treated as being one person if—

(a) one of them is a body corporate of which the other is a subsidiary (within the meaning of section 736 of the [1985 c. 6.] Companies Act 1985); or

(b) both of them are subsidiaries (within the meaning of that Act) of one and the same body corporate.

(4) For the purposes of sections 2, 12 and 38(2) a public gas supplier shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking.

(5) For the purposes of sections 2, 12 and 38(2) the National Rivers Authority and every water or sewerage undertaker shall be deemed to be a statutory undertaker and its undertaking a statutory undertaking; and for the purposes of sections 2, 7, 28 and 29 and subsections (7) and (8) of this section, “the appropriate Minister”—

(a) in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture; and

(b) in relation to a water or sewerage undertaker, means the Secretary of State.

(6) For the purposes of section 38(2) the Post Office, the Civil Aviation Authority and any holder of a licence under section 6(1) of the [1989 c. 29.] Electricity Act 1989 shall be deemed to be statutory undertakers and their undertakings statutory undertakings.

(7) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(8) If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.