EXPLANATORY NOTE

(This note is not part of the Regulations)

The Planning (Hazardous Substances) (Amendment) (England) Regulations 2009 (“the 2009 Regulations”) implemented, in relation to England, the land use planning provisions of Directive 96/82/EC on the control of major accident hazards involving dangerous substances (O.J. No. L. 10, 14.1.1997, p.13) (the Seveso II Directive), as amended by Council Directive 2003/105/EC (O.J. No. L. 345 31.12.2003, p.97) (the 2003 Directive).

As part of the implementation of the Seveso II Directive, the 2009 Regulations substituted a new Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 (the 1992 Regulations). Regulation 2 corrects two errors in the substituted Schedule 1.

Regulation 3 confers transitional immunity from prosecution and contravention proceedings for a period of six months from the day these Regulations came into force. During this time an application for consent may be made.

No impact assessment has been prepared for this instrument as its only purpose is to correct the errors in the substituted Schedule 1 to the 1992 Regulations.