The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000

Transitional provisions

4.  For the purposes of the transition to the amendments made by regulations 2 and 3—

(1) paragraph 4 of Schedule 4 to the 1991 Order (transitional provisions) shall apply with the following modifications—

(a) in sub-paragraph (1) for the words immediately following head (b) substitute—

• “if—

  (i)

  the substance was present on, over or under land at any time within the establishment period and was not a substance or quantity of substance for which hazardous substances consent was required before the relevant date; and

  (ii)

  the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.”;

(b) sub-paragraph (2) shall be omitted;

(c) in sub-paragraph (3), after the words “establishment period” insert “for which hazardous substances consent was not required during that period”;

(d) in sub-paragraph (5), for the words “(6) to (8)” insert “(7) and (8)”;

(e) sub-paragraph (6) shall be omitted;

(f) in sub-paragraph (7) for the words “If at the commencement date such a notification was not so required, hazardous” substitute “Hazardous”;

(g) for sub-paragraph (10) substitute—

“(10) In this paragraph—

“establishment period” means the period of 12 months immediately preceding the relevant date;

“established quantity” means in relation to any land, the maximum quantity which was present on, over or under the land at any one time within the establishment period;

“the relevant date” means the date on which the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000 came into operation;

“the transitional period” means the period of 6 months beginning with the relevant date.”; and

(2) the conditions in Schedule 2 to the Hazardous Substances Regulations shall be modified by the substitution of the following condition for condition 1—

“1.   The maximum aggregate quantity of the substance that may be present—

(a) on, over or under the land to which the claim for the consent relates;

(b) on, over or under other land which is controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in sub-paragraph (a) is used) forms with the land so mentioned a single establishment;

(c) on, over or under other land which is within 500 metres of the land mentioned in sub-paragraph (a) and controlled by the same person; or

(d) in or on a structure controlled by the same person any part of which is within 500 metres of the land mentioned in sub-paragraph (a),

at any one time shall not exceed the established quantity and in calculating whether the established quantity is exceeded, a quantity of a substance which falls within more than one sub-paragraph of this paragraph shall only be counted once.”.