- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
5.—(1) Subject to paragraph (2) and regulation 23 (application of the Act to hazardous substances authorities), an application for hazardous substances consent must—
(a)be made to the hazardous substances authority;
(b)include the name and address of the applicant;
(c)include a site map and a substance location plan;
(d)include details of—
(i)the location of the land to which the application relates;
(ii)the person in control of the land to which the application relates;
(iii)each hazardous substance for which consent is sought (“relevant substance”), including the maximum quantity of each relevant substance proposed to be present;
(iv)the main activities carried out or proposed to be carried out on the land to which the application relates;
(v)how and where each relevant substance is to be kept and used;
(vi)how each relevant substance is proposed to be transported to and from the land to which the application relates;
(vii)the vicinity of the land to which the application relates, where such details are relevant to the risks or consequences of a major accident; and
(viii)the measures taken or proposed to be taken to limit the consequences of a major accident; and
(e)be accompanied by the notices and certificates required by regulations 6 and 7.
(2) Subject to regulation 23 (application of the Act to hazardous substances authorities), an application to which section 13 applies (application for hazardous substances consent without a condition subject to which a previous consent was granted) must—
(a)be made to the hazardous substances authority;
(b)include the name and address of the applicant;
(c)include a change of location plan, if the application relates to a condition restricting the location of a hazardous substance;
(d)include in relation to any relevant consent, a copy of—
(i)the consent, where the relevant consent is a consent granted on an application under the Act;
(ii)the relevant claim, where the relevant consent is a consent deemed to be granted under section 11; or
(iii)the relevant direction, where the relevant consent is a consent deemed to be granted under section 12;
(e)identify any condition previously imposed on the relevant consent which—
(i)it is proposed should no longer be imposed on the consent; or
(ii)it is proposed should only be imposed in a modified form;
(f)for any condition identified under paragraph (e)(i), give the reasons why it should not be imposed;
(g)for any condition identified under paragraph (e)(ii)—
(i)indicate the proposed modification; and
(ii)give the reasons why it should only be imposed in a modified form;
(h)describe any relevant changes in circumstances since the date of the relevant consent; and
(i)be accompanied by the notices and certificates required by regulations 6 and 7.
(3) An application under section 17 (application for the continuation of consent following a change of control) must—
(a)be made to the hazardous substances authority;
(b)include the name and address of the applicant;
(c)include a change of control plan;
(d)include, in relation to any relevant consent, whichever of the documents listed in paragraph (2)(d) is applicable to the relevant consent;
(e)state the date on which the change in the person in control of part of the land is to take place, where known;
(f)describe the use of each area of the site identified in the change of control plan;
(g)describe any relevant changes in circumstances since the relevant consent was granted; and
(h)be accompanied by the notices and certificates required by regulations 6 and 7.
(4) Any application to which this regulation applies and anything required to accompany it must, if requested by the hazardous substances authority, be submitted in triplicate.
(5) In this regulation—
“change of control plan” is a plan of the land to which the application relates, drawn to a scale of not less than 1:2,500, which identifies each area of the site under separate control after the proposed change of control;
“change of location plan” is a plan of the land to which the application relates, drawn to a scale of not less than 1:2,500, which identifies the location of the hazardous substance at the date of the application and the proposed location requiring the application;
“relevant consent” means the existing hazardous substances consent to which the application relates;
“site map” is a map, reproduced from, or based on, an Ordnance Survey map with a scale of not less than 1:10,000, which identifies the land to which the application relates and shows National Grid lines and reference numbers; and
“substance location plan” is a plan of the land to which the application relates, drawn to a scale of not less than 1:2,500, which identifies—
any area of the land intended to be used for the storage of the substance;
where the substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the substance will be present; and
access points to and from the land.
(6) Regulations 6 to 13 apply to applications made under section 17 as they apply to applications for hazardous substances consent.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: