Interpretation of deemed consent provisions
17.—(1) For the purpose of paragraph (3) of regulation 15 and the condition set out in paragraph 7(1) of Schedule 3, no account shall be taken of the storage of a hazardous substance in moveable containers in an area, if the quantity of the substance so stored in that area does not exceed 10% of the substance’s controlled quantity.
(2) For the purpose of the 75 metre limit in paragraph (4)(a) of regulation 15, where a petroleum - spirit licence under the Petroleum (Consolidation) Act 1928(1) applying to the site was in force at any time during the establishment period, the reference to a vessel in which the hazardous substance was present shall, in relation to hazardous substance number 71 in column 1 of Schedule 1, include any vessel identified in the licence.
(3) For the purpose of paragraph (4) of regulation 15 and the conditions set out in paragraphs 1 to 6 of Schedule 3, and for the purpose of completing Table C in Form 12, no account shall be taken of the presence in a vessel of a hazardous substane if the quantity present in the vessel does not exceed 10% of the substance’s controlled quantity.
(4) For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, and for the purpose of completing Table C in Form 12, a hazardous substance shall vot be treated as being present in a vessel at other than ambient temperature by virtue only of—
(a)the heating of the substance to maintaon its fluidity during seasonal variations in temperature; or
(b)any cooling effect resulting from the vaporisation of the substance during the withdrawal of vapour from the vessel; or
(c)the presence of the substance at above or below ambient temperature on entry into the vessel, if the temperature of the substance is allowed to move to ambient temperature upon entry.
(5) For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, and for the purpose of completing Table C in Form 12, a hazardous substance shall not be treated as being present at above atmospheric pressure unless the pressure at which it is present exceeds 1.5 bar absolute.
(6) For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, no account shall be taken of an increase in pressure during the operation of a pressure relief system.
(7) In Schedule 3 and Table C in Form 12, “vessel area” means an area identified in a vessel location plan in accordance with paragraph (4) of regulation 15.
(8) In Schedule 3, referenes to Table C refer to Table C as set out in Form 12 (in Schedule 2) and references to a column of Table C refer to the relevant column of Table C of the form on which the claim for deemed consent is made that applies to the relevant hazardous substance and vessel area.