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PART 1General

Title, commencement and application

1.—(1) The title of these Regulations is the Planning (Hazardous Substances) (Wales) Regulations 2015 and they come into force on 4 September 2015.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1992 Regulations” (“Rheoliadau 1992”) means the Planning (Hazardous Substances) Regulations 1992(1);

“COMAH competent authority” (“awdurdod COMAH cymwys”) means—

(a)

in relation to a nuclear site the Office of Nuclear Regulation and the Natural Resources Body for Wales acting jointly,

(b)

otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly;

“commencement date” (“dyddiad cychwyn”) means 4 September 2015;

“the Directive” (“y Gyfarwyddeb”) means Directive 2012/18/EU of the European Parliament and the Council on the control of major-accident hazards involving dangerous substances(2);

“electronic communications” (“cyfathrebiadau electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000;

“nuclear site” (“safle niwclear”) has the same meaning as in section 112(1) of the Energy Act 2013(3);

“the PHSA” (“y DCSP”) means the Planning (Hazardous Substances) Act 1990; and

“TCPA” (“DCGTh”) means the Town and Country Planning Act 1990(4).

(2) In these Regulations a reference to a numbered form is a reference to the correspondingly numbered form in Schedule 3.

(3) Parts 1 to 3 of Schedule 1 (hazardous substances and controlled quantities) are to be construed in accordance with the notes to that Schedule and a reference in that Schedule to a note is a reference to a note in Part 4 of that Schedule.

(4) References in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (“the CLP Regulation”) on classification, labelling and packaging of substances and mixtures are references to that regulation as amended from time to time.

(1)

S.I. 1992/656; relevant amendments were made by section 76(7) of the Utilities Act 2000 (c. 27) and by S.I. 1999/981, S.I. 2006/1282, S.I. 2996/1283, S.I. 2009/1901, S.I. 2010/1050 and S.I. 2014/162.

(2)

O.J. No. L 197, 24.7.2012, p. 1.