The Planning (Control of Major-Accident Hazards) Regulations 1999

Amendment of the Planning (Hazardous Substances) Regulations 1992

3.—(1) The Planning (Hazardous Substances) Regulations 1992(1) shall be amended as follows.

(2) In regulation 2 (interpretation)–

(a) in paragraph (1), after the definition of “buried or mounded vessel”, insert–

““the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances(2);”;

(b) in paragraph (4) for the words “Part D of that Schedule” substitute–

• “the notes to that Schedule.”.

(3) In regulation 3 (hazardous substances and controlled quantities)–

(a) for paragraph (1) substitute–

“3.— (1) Substances, mixtures or preparations–

(a) specified in column 1 of Part A;

(b) falling within a category in column 1 of Part B; or

(c) meeting the description in column 1 of Part C,

of Schedule 1 and present as raw materials, products, by-products, residues or intermediates are hazardous substances for the purposes of the Act.”

(b) paragraph (2) shall be omitted.

(4) For regulation 4 (exemptions) substitute–

“4.— (1) Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between its being unloaded from one means of transport and loaded onto another while it is being transported from one place to another unless it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.

(2) Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipe-line or a service pipe.

(3) Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if–

(a) it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985(3) (directions by Secretary of State to harbour master) applied; or

(b) it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987(4), without requiring notification under paragraph (1) of regulation 6 of those regulations by virtue of an exemption under paragraph (5) of that regulation.

(4) Hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at a waste land-fill site.

(5) Hazardous substances consent is not required for the presence of a hazardous substance which creates a hazard from ionising radiation if present on, over or under land in respect of which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965(5).

(6) The presence of a quantity of a hazardous substance (other than that of a substance numbered 6, 14, 35 and 39 in column 1 of Part A of Schedule 1)–

(a) in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site; and

(b) which is equal to or less than two per cent. of the relevant controlled quantity for that substance,

shall not be taken into account when calculating the quantity of a hazardous substance present, on, over or under land for any purpose of the Act or these Regulations.

(7) The presence of a substance to which paragraphs (1) to (5) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.

(8) In this regulation–

(a) “exempt pipe-line” means a pipe-line used to convey a hazardous substance to or from a site, but does not include–

(i) that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;

(ii) a service pipe;

(b) “service pipe” means a pipe-line used by a public gas transporter (within the meaning of section 7(1) of the Gas Act 1986(6)) to convey gas to an individual consumer from a main of that transporter;

(c) “major accident” means an occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of any operation carried out on, over or under land in respect of which there is or is required to be a hazardous substances consent and leading to serious danger to human health or the environment, immediate or delayed, and involving one or more hazardous substances;

(d) the expressions “initiator”, “major emission, fire or explosion”, “resulting from uncontrolled developments”, “leading to serious danger to human health or the environment, immediate or delayed”, “waste land-fill site” and “ionising radiation” have the same meaning as in the Directive.”.

(5) In regulation 10 (consultation before the grant of hazardous substances consent)–

(a) in paragraph (1)(l) for the words “, in England, the Nature Conservancy Council” substitute–

“or where it appears to the hazardous substances authority dealing with the application that an area of particular natural sensitivity or interest may be affected, in England, the Nature Conservancy Council for England”;

(b) After paragraph (3) add–

“(4) In paragraph (1)(l) “area of particular natural sensitivity or interest” has the same meaning as in the Directive.

(5) Where a hazardous substances authority is required to consult a body under paragraph–

(a) (1)(a) or (1)(e); or

(b) (1)(l), where it appears to the authority that an area of particular natural sensitivity or interest may be affected,

the exception in paragraph (1) shall not apply.”.

(6) In regulation 16 (interpretation of deemed consent provisions)–

(a) for each reference to “Table C” substitute “Table B”;

(b) in paragraph (2) for the words “71 in column 1 of Schedule 1” substitute–

• “32 in column 1 of Part A of Schedule 1”.

(7) For Schedule 1 (Hazardous Substances and Controlled Quantities), substitute the new Schedule 1 set out in Schedule 1 to these Regulations.

(8) In Schedule 2 (Prescribed Forms, Notices and Certificates) for forms 1 (general application for hazardous substances consent), 2 (application for hazardous substances consent without a condition imposed on a previous consent) and (application for continuation of hazardous substances consent following a change in control of part of the land) and 8 (claim for deemed consent) substitute the new forms 1, 2 and 8 set out in Schedule 2 to these Regulations.

(9) In Schedule 3 (Deemed Consent Conditions)–

(a) for each reference to “Table C” substitute “Table B”;

(b) in paragraph 7(2) omit the word “twice”.

(1)

S.I. 1992/656; relevant amendments are made by the Environment Act 1995 (c. 25), Schedule 22, paragraph 233, S.I. 1994/2567 and S.I. 1996/252.

(2)

O.J. L10, 14.1.1997, p. 13.

(3)

1985 c. 22.

(4)

S.I. 1987/37; amendments to regulation 2 are made by S.I. 1990/2605, S.I. 1992/743 and S.I. 1996/2092.

(5)

1965 c. 57; section 1 was amended by S.I. 1974/2056 and S.I. 1990/1918.

(6)

1986 c. 44; section 7(1) was substituted by the Gas Act 1995 (c. 45), section 5.