Part 4Additional planning control

CHAPTER 2HAZARDOUS SUBSTANCES

120Applications by councils for hazardous substances consent

1

The provisions listed in subsection (2) shall apply in relation to granting hazardous substances consent to councils, subject to regulations made by virtue of this subsection.

2

The provisions are—

a

the provisions of this Chapter;

b

the provisions of Part 5;

c

sections 182, 184, 223 and 242.

3

Regulations made under subsection (1) may—

a

provide for any of the provisions listed in subsection (2) to apply subject to prescribed exceptions or modifications or not to apply;

b

make new provision as to any matter dealt with in any of those provisions.

4

Subject to the provisions of paragraph 3(3) of Schedule 8 to the Electricity (Northern Ireland) Order 1992 (NI 1), any regulations made under subsection (1) may in particular provide for securing—

a

that any application by a council for hazardous substances consent in respect of the presence of a hazardous substance on, over or under land shall be made to the Department and not to the council;

b

that any order or notice authorised to be made, issued or served under this Chapter or Part 5 shall be made, issued or served by the Department and not by the council.