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.