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The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
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4. For section 89 (enforcement notice to have effect against subsequent development) there shall be substituted—
“(1) Compliance with a hazardous substances contravention notice shall not discharge that notice.
(2) Without prejudice to subsection (1) of this section, where a provision of a hazardous sub-stances contravention notice requires a hazardous substance to be removed from the land to which the notice relates, the presence on, over or under that land of a quantity of that substance equal to or exceeding its controlled quantity at any time after the substance has been removed in compliance with the hazardous substances contravention notice shall be in contravention of that notice.
(3) Without prejudice to subsection (1) of this section, where a provision of a hazardous sub-stances contravention notice requires the quantity of a hazardous substance on, over or under the land to which the notice relates to be reduced below a specified quantity (being greater than the controlled quantity), the presence on, over or under that land of a quantity of that substance equal to or in excess of the specified quantity at any time after the quantity of that substance has been reduced below the specified quantity in compliance with the hazardous substances contravention notice, shall be in contravention of that notice.
(4) A person who, without the grant of hazardous substances consent in that behalf, is responsible for the presence of a hazardous substance on land in contravention of the requirements of a hazardous substances contravention notice as described in subsection (2) or (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.
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