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The Planning (Hazardous Substances) (Wales) Regulations 2015

W.S.I. 2015/1597 · Made 3 August 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 December 2025.

Town And Country Planning, Wales

Made 3 August 2015

Laid before the National Assembly for Wales 7 August 2015

Coming into force 4 September 2015

M1M2The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to the prevention and limitation of the effects of accidents involving dangerous substances insofar as they relate to land-use planning, transport routes or fisheries .

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 4, 5, 7, 8, 17, 21, 21B, 24, 25, 26A, 28, 30 and 40 of the Planning (Hazardous Substances) Act 1990 M3, section 2(2) and paragraph 1A of Schedule 2 to the 1972 Act and section 26 of the Welsh Language Act 1993 M4.These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures M5, to be construed as references to that instrument as amended from time to time.C1

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M2

S.I. 2015/814.

M3

1990 c. 10. The functions of the Secretary of State under those sections were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2). See section 39(2) for the meaning of “prescribed”. Section 4 was amended by S.I. 1999/981 to which there are other amendments not relevant to these Regulations. Section 7(1) was amended by section 144 of and paragraph 3 of Part 1 of Schedule 13 to the Environmental Protection Act 1990 (c. 43) (“the EPA 1990”), section 21(3A) was inserted by section 197 of, and paragraph 6 of Schedule 11 to, the Planning Act 2008 (c. 29) (“the 2008 Act”), section 21B was inserted by regulation 2(3) of S.I. 2014/2773 (W. 280), section 25 has been amended by section 144 of, and paragraph 8 of Part 1 of Schedule 13 to, the EPA 1990, sections 25 and 84 of, and paragraphs 13 and 30 of Schedule 3 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and section 196(4) and paragraphs 25, 28(a) and 28(b) of Schedule 10 to, the 2008 Act, section 26A was inserted by section 144 of, and paragraph 9 of Part 1 of Schedule 13 to, the EPA 1990, section 28 has been amended by sections 144 and 162 of, and paragraph 2(4) of Part 1 of Schedule 13 and Part 7 of Schedule 16 to, the EPA 1990 and section 40(4) was inserted by section 118(1) of and paragraph 27 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5).

M4

1993 c. 38. The functions of the Secretary of State under this section were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

M5

O.J. L 345, 23.12,2008, p. 68.

Modifications

C1

Regulations applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 6 para. 2 (with regs. 1(3), 46)

Contents

  1. Part 1: General
  2. 1Title, commencement and application
  3. 2Interpretation
  4. Part 2: Hazardous substances, controlled quantities and exemptions
  5. 3Hazardous substances and controlled quantities
  6. 4Exemptions
  7. Part 3: Hazardous substances consent procedures
  8. 5Applications for hazardous substances consent
  9. 6Publication of notices of applications
  10. 7Notification of applications to owners
  11. 8Inspection of applications
  12. 9Receipt of applications by hazardous substances authority
  13. 10Consultation before the grant of hazardous substances consent
  14. 11Determination of applications for hazardous substances consent
  15. 12Notice of reference of applications to the Welsh Ministers
  16. 13Appeals
  17. 13AVariation of applications after notice of appeal
  18. 14Period for determination of procedure under sections 20 and 21 of the PHSA Repealed
  19. Part 4: Enforcement (hazardous substances contravention notices – appeals, effect and register)
  20. 15Hazardous substances contravention notices: supplementary provisions
  21. 16Appeals against hazardous substances contravention notices
  22. 17Appeals: supplementary
  23. 18Effect of non-compliance with hazardous substances contravention notices, etc.
  24. 19Register of hazardous substances contravention notices
  25. 20Validity, etc.
  26. 21Interpretation of TCPA for the purposes of this Part
  27. Part 5: Other matters relating to hazardous substances consent (consents register, fees, application of the PHSA to hazardous substances authorities and notification of other establishments)
  28. 22Consents register
  29. 23Fees for applications
  30. 24Fees for deemed applications
  31. 25Application of the PHSA to hazardous substances authorities
  32. Part 6: Policies and public consultation and participation
  33. 26Policies
  34. 27Plans and programmes
  35. 28Other planning approvals for projects
  36. Part 7: Revocations, amendments, savings and transitional provisions and application to the Crown
  37. 29Interpretation of this Part
  38. 30Revocations
  39. 31Transitional applications and appeals
  40. 32Interpretation of existing consents
  41. 33Saving for deemed consent conditions
  42. 34Notification of other establishments
  43. 35Amendments
  44. 36Application to the Crown
  45. Signature
  46. Schedule 1: HAZARDOUS SUBSTANCES AND CONTROLLED QUANTITIES
  47. Part 1: Categories of substances
  48. Paragraph
  49. 2Named hazardous substances
  50. 3Substances used in an industrial chemical process
  51. Paragraph
  52. Part 4: Notes to Parts 1 to 3
  53. 1Paragraph 1
  54. 2Paragraph 2
  55. 3Paragraph 3
  56. 4Paragraph 4
  57. 5Paragraph 5
  58. 6Paragraph 6
  59. 7Paragraph 7
  60. 8Paragraph 8
  61. 9Paragraph 9
  62. 10Paragraph 10
  63. 11Paragraph 11
  64. 12Paragraph 12
  65. 13Paragraph 13
  66. 14Paragraph 14
  67. 15Paragraph 15
  68. 16Paragraph 16
  69. 17Paragraph 17
  70. 18Paragraph 18
  71. 19Paragraph 19
  72. 20Paragraph 20
  73. 21Paragraph 21
  74. 22Paragraph 22
  75. 23Paragraph 23
  76. 24Paragraph 24
  77. Schedule 2: EXEMPTIONS
  78. 1Loading, unloading and intermediate storage
  79. 2Pipelines
  80. 3Emergency unloading from ships
  81. 4Paragraph 4
  82. 5Landfill sites
  83. 6Paragraph 6
  84. 7Nuclear sites
  85. 8Minerals
  86. 9Paragraph 9
  87. 10Explosives
  88. 11Paragraph 11
  89. 12Presence of established substances
  90. 13Paragraph 13
  91. 14Presence of exempted substances
  92. 15Presence of small quantities of substances
  93. 16Minor changes to types and quantities of substances
  94. 17Paragraph 17
  95. 18Interpretation of this Schedule
  96. 19Paragraph 19
  97. Schedule 3PRESCRIBED FORMS, NOTICES AND CERTIFICATES
  98. Schedule 4: ENFORCEMENT – SPECIFIED MODIFICATIONS OF THE TCPA
  99. Part 1: Appeals against hazardous substances contravention notices
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. Part 2: Effect of hazardous substances contravention notices, etc.
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. Part 3: Validity
  112. 11Paragraph 11
  113. Schedule 5: AMENDMENTS TO LEGISLATION
  114. 1Amendment of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005
  115. 2Amendment of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012
  116. Explanatory note