Section 12 Deemed hazardous substances consent: government authorisation.I1F1C1
England and Wales
Where—
the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers who are not a local authority; and
the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,
the department may, on granting that authorisation, also direct that hazardous substances consent shall be deemed to be granted subject to such conditions (if any) as may be specified in the direction.
On granting a consent under section 36 of the M1Electricity Act 1989 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes any provision that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
On making an order granting infrastructure consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
Before giving a direction under any of subsections (1) to F6(2C), the person having power to give the direction must consult the Health and Safety Commission.
For the purposes of this section development shall be taken to be authorised by a government department if—
any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or
any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
and references in this section to the authorisation of a government department shall be construed accordingly.
The provisions of this Act (except section 22) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 20.
A F8person shall, as respects any hazardous substances consent deemed to be granted by virtue of directions F9 given by the person under this section, send to the hazardous substances authority concerned any such information as appears to be required by them for the purposes of a register under section 28.
Annotations
Textual amendments
- F1
S. 12 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
- F2
S. 12(2A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42, SIF 102), s.18; S.I. 1992/2784, art. 2, Sch. 1
- F3
S. 12(2B) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
- F4
S. 12(2C) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 5(4) (with s. 84(5)); S.I. 2025/698, art. 3(l)
- F5
S. 12(3) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
- F6
Word in s. 12(3) substituted (16.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025 (S.I. 2025/1330), arts. 1(3), 3
- F7
S. 12(6) added (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 5; S.I. 1991/2829, art. 3
- F8
Word in s. 12(6) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(4)(a) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
- F9
Words in s. 12(6) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 45(4)(b) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
Marginal citations
- M1
Modifications
- C1
S. 12 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 14(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Commencement
- I1
S. 12 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 12 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2