OpenLegislation

Section 10 Power to impose conditions on grant of hazardous substances consent.I1C1C2

England and Wales

(1)

Without prejudice to the generality of section 9(1), a hazardous substances authority may make the grant of hazardous substances consent conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission F1, infrastructure consent F2 or development consent or may grant hazardous substances consent subject to conditions with respect to any of the following—

(a)

how and where any hazardous substance to which the consent relates is to be kept or used;

(b)

the times between which any such substance may be present;

(c)

the permanent removal of any such substance—

(i)

on or before a date specified in the consent; or

(ii)

before the end of a period specified in it and commencing on the date on which it is granted.

(2)

F3A hazardous substances authority may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the F4safety regulator has advised the authority that any consent they might grant should be subject.

(3)

It shall be the duty of a hazardous substances authority when granting hazardous substances consent to include in that consent in respect of each hazardous substance to which it relates a statement of all conditions relating to that substance subject to which the consent is granted.

F5(4)

Regulations in relation to England may, in relation to applications made pursuant to a condition attached to hazardous substance consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 7.

Annotations

Textual amendments

F1

Words in s. 10(1) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 5(3) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F2

Words in s. 10(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 44 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F3

Words "A hazardous substances authority" substituted (1.1.1992) for words commencing "An authority" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 2(3); S.I. 1991/2829, art. 3

F4

Words in s. 10(2) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 8 (with Sch. 4)

F5

S. 10(4) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 124(6), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i)

Modifications

C1

S. 10 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

C2

S. 10: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement

I1

S. 10 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 10 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2