Planning (Hazardous Substances) Act 1990

26 Transitional exemptions

(1) No offence is committed under section 23 and no hazardous substances contravention notice may be issued in relation to a hazardous substance which is on, over or under any land, if—

(a) the substance was present on, over or under the land at any time within the establishment period; and

(b) in a case in which at the relevant date notification in respect of that substance was required by any of the Notification Regulations, both the conditions specified in subsection (2) were satisfied; and

(c) in a case in which at that date such notification was not so required, the condition specified in paragraph (b) of that subsection is satisfied.

(2) The conditions mentioned in subsection (1) are—

(a) that notification required by the Notification Regulations was given before the relevant date; and

(b) that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.

(3) Expressions used in this section and in section 11 have the same meanings as in that section.