Paragraph 3

Section 176 of the principal Act (general provisions relating to determination of appeals) applies but as if—

(a)

in subsection (1)—

(i)

for “enforcement notice” in both places where it occurs, there were substituted “ hazardous substances contravention notice ”;

(ii)

for “local planning authority” there were substituted “ hazardous substances authority ”;

(b)

in subsection (3)—

(i)

in paragraph (a) “within the prescribed time” were omitted;

(ii)

for paragraph (b) there were substituted—

“(b)
may allow an appeal and quash the hazardous substances contravention notice if the hazardous substances authority fail to comply with regulation 16(2) of the Planning (Hazardous Substances) Regulations 2015.”

(c)

in subsections (4) and (5), for “enforcement notice” there were substituted “ hazardous substances contravention notice ”.