The Dangerous Substances (Notification and Marking of Sites) Regulations 1990

Regulation 3

SCHEDULE 1 EXCEPTIONS

1.  These regulations shall not apply to or in relation to–

(a) dangerous substances which have been buried or deposited in the ground at the site as waste (whether in bulk, in drums or in other containers);

(b) substances which are dangerous substances by reason only that they are radioactive substances;

(c) substances which on classification under the Classification and Labelling of Explosives Regulations 1983(1) have been assigned to Class 1 within the meaning of those Regulations;

(d) aerosol dispensers unless they are labelled in accordance with the 1984 Regulations, or would be required to be so labelled if they were being supplied or conveyed by road.

2.  Regulation 4 (which relates to notification) shall not apply to–

(a) sites which are notifiable to the Executive in accordance with the Notification of Installations Handling Hazardous Substances Regulations 1982(2);

(b) sites at which there is an industrial activity to which regulation 7 of the Control of Industrial Major Accident Hazards Regulations 1984 applies(3);

(c) sites in respect of which a licence is in force for the keeping of substances under the Petroleum (Consolidation) Act 1928(4);

(d) sites within the area of a harbour authority in relation to which regulation 27 of the Dangerous Substances in Harbour Areas Regulations 1987 applies(5);

(e) sites in respect of which a disposal licence is in force under section 5 of the Control of Pollution Act 1974(6) or operated by a disposal authority in accordance with section 11 of that Act;

(f) sites in respect of which a nuclear site licence is in force under the Nuclear Installations Act 1965(7).

3.  Regulation 4 (in so far as it requires notification to be made to the fire authority) shall not apply to a site being premises to which section 3 of the Greater London Council (General Powers) Act 1975(8) applies if a notice under section 3(3)(b) of that Act has been given to the occupier of the premises at any time before 1st September 1990.

4.  Regulations 5 and 6 (which relate to access and location marking respectively) shall not apply to petroleum filling stations as defined in section 23 of the Petroleum (Consolidation) Act 1928.

(1)

S.I. 1983/1140.

(2)

S.I. 1982/1357.

(3)

S.I. 1984/1902, the relevant amending instrument is S.I. 1988/1462.

(4)

1928 c. 32.

(5)

S.I. 1987/37.

(6)

1974 c. 40.

(7)

1965 c. 57.

(8)

1975 c.xxx.