- Latest available (Revised)
- Point in Time (01/04/2014)
- Original (As enacted)
Point in time view as at 01/04/2014.
Planning (Hazardous Substances) Act 1990, Section 12 is up to date with all changes known to be in force on or before 12 October 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where—
(a)the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers who are not a local authority; and
(b)the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,
the department may, on granting that authorisation, also direct that hazardous substances consent shall be deemed to be granted subject to such conditions (if any) as may be specified in the direction.
(2)On granting a consent under section 36 of the M1Electricity Act 1989 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
[F2(2A)On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes any provision that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.]
[F3(2B)On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.]
[F4(3)Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission.]
(4)For the purposes of this section development shall be taken to be authorised by a government department if—
(a)any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
(b)a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
(c)consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
(d)authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or
(e)any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
and references in this section to the authorisation of a government department shall be construed accordingly.
(5)The provisions of this Act (except section 22) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 20.
[F5(6)A [F6person] shall, as respects any hazardous substances consent deemed to be granted by virtue of directions [F7 given by the person] under this section, send to the hazardous substances authority concerned any such information as appears to be required by them for the purposes of a register under section 28.]
Textual Amendments
F1S. 12 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
F2S. 12(2A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42, SIF 102), s.18; S.I. 1992/2784, art. 2, Sch. 1
F3S. 12(2B) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F4S. 12(3) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F5S. 12(6) added (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 5; S.I. 1991/2829, art. 3
F6Word in s. 12(6) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(4)(a) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F7Words in s. 12(6) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(4)(b) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
Modifications etc. (not altering text)
C1S. 12 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 14(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Commencement Information
I1S. 12 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 12 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: