The Notification of Installations Handling Hazardous Substances Regulations 1982

Notification of installations handling hazardous substances

3.—(1) Subject to paragraph (3), a person shall not undertake any activity in which there is or is liable to be at any one time a notifiable quantity or more of a hazardous substance at any site, or in any pipe–line to which paragraph (4) applies, unless he has notified in writing to the Executive the particulars specified in the appropriate part of Schedule 2 at least 3 months before commencing that activity or before such shorter time as the Executive may agree and for the purposes of this paragraph an activity in which subsequently there is or is liable to be a notifiable quantity or more of an additional hazardous substance shall be deemed to be a different activity and shall be notified accordingly.

(2) For the purposes of paragraph (1), in determining whether there is a notifiable quantity of a hazardous substance at a site account shall be taken of any quantity of that substance which is—

(a) in that part of any pipe–line under the control of the person having control of the site, which is within 500 metres of that site and connected to it;

(b) at any other site under the control of the same person any part of the boundary of which is within 500 metres of the said site; and

(c) in any vehicle, vessel, aircraft or hovercraft under the control of the same person which is used for storage purposes either at the site or within 500 metres of it;

but no account shall be taken of any hazardous substance which is in a vehicle, vessel, aircraft or hovercraft used for transporting it.

(3) Paragraph (1) shall not apply in relation to waste at any site which is licensed for the disposal of such waste by a licence issued in pursuance of section 5 of the Control of Pollution Act 1974.

(4) The pipe–lines referred to in paragraph (1) are any pipe–line within the meaning of the Pipe–lines Act 1962 except—

(a) a pipe–line which has been authorised under section 1 of that Act or notified under section 2 of that Act; or

(b) where the only hazardous substance that the pipe–line contains is a substance of one of the following classes, namely:—

(i) a flammable gas as defined in item 1 of Part II of Schedule 1 at a pressure of less than 8 bars absolute, or

(ii) a flammable liquid as defined in item 4 of that Part.