Contraventions of hazardous substances control

26Transitional 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.