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Planning (Hazardous Substances) Act 1990
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- 1990 c. 10
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- Section 36
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Changes to legislation:
Planning (Hazardous Substances) Act 1990, Section 36 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 36:
- s. 3(4A) inserted by 2023 c. 55 Sch. 17 para. 4(b)
- s. 9(2)(ca) inserted by 2023 c. 55 Sch. 6 para. 14
- s. 12(2C) inserted by 2024 asc 3 Sch. 3 para. 5(4)
- s. 20(4A) inserted by 2008 c. 29 Sch. 10 para. 26
- s. 21(5A) inserted by 2008 c. 29 Sch. 10 para. 27
- s. 37(3) inserted by 2008 c. 29 Sch. 10 para. 29
- Sch. para. 2(4A) inserted by 2008 c. 29 Sch. 10 para. 30(2)
- Sch. para. 2(9) inserted by 2008 c. 29 Sch. 10 para. 30(3)
- Sch. para. 3(4A) (4B) inserted by 2008 c. 29 Sch. 10 para. 30(4)
- Sch. para. 6(1A) inserted by 2008 c. 29 Sch. 10 para. 30(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(4A) inserted by 2023 c. 55 Sch. 17 para. 4(b)
- s. 9(2)(ca) inserted by 2023 c. 55 Sch. 6 para. 14
- s. 12(2C) inserted by 2024 asc 3 Sch. 3 para. 5(4)
- s. 20(4A) inserted by 2008 c. 29 Sch. 10 para. 26
- s. 21(5A) inserted by 2008 c. 29 Sch. 10 para. 27
- s. 37(3) inserted by 2008 c. 29 Sch. 10 para. 29
- Sch. para. 2(4A) inserted by 2008 c. 29 Sch. 10 para. 30(2)
- Sch. para. 2(9) inserted by 2008 c. 29 Sch. 10 para. 30(3)
- Sch. para. 3(4A) (4B) inserted by 2008 c. 29 Sch. 10 para. 30(4)
- Sch. para. 6(1A) inserted by 2008 c. 29 Sch. 10 para. 30(6)
36 Rights of entry.E+W
(1)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it in connection with—
(a)any application for hazardous substances consent;
(b)any proposal to issue a hazardous substances contravention notice.
(2)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 23.
(3)Any person who is an officer of the Valuation Office or a person duly authorised in writing by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land made by virtue of section 16 or 19.
(4)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice [F1or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25)] has been issued for the purpose of ascertaining whether the notice has been complied with.
(5)F2. . ., any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 36(4) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 16(2) (with s. 84(5)); S.I. 1991/2905, art. 3
F2Words in s. 36(5) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6), Sch. 3 Pt. II para. 32, Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3
F3Ss. 36A, 36B substituted (2.1.1992) for s. 36(6) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(2), Sch. 3 Pt. I para. 16(3) (with s. 84(5)); S.I. 1991/2905, art. 3
Modifications etc. (not altering text)
C1S. 36 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
Commencement Information
I1S. 36 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 36 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2
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