Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Planning (Hazardous Substances) (Scotland) Act 1997

Consolidated Text As Enacted Cited authorities 43 Cited in Amendments 177 Related
Vincent
JurisdictionUK Non-devolved
Citation1997 c. 10
(1) It shall be the duty of the planning authority to control hazardous substances in accordance with the provisions of this Act.(2) The duty under subsection (1) applies to an urban development corporation only if they are the planning authority in relation to all kinds of development.(1) Subject to the provisions of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”) .on, over or under the land,on, over or under other land controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in paragraph (a) is used) forms with the land so mentioned a single establishment;on, over or under other land which is within 500 metres of F2the land mentioned in paragraph (a) and controlled by the same person, orin or on a structure controlled by the same person any part of which is within 500 metres of F3the land mentioned in paragraph (a) ,(2A) A quantity of a substance which falls within more than one paragraph of subsection (2) shall only be counted once.it is unloaded; orit is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.in relation to land of prescribed descriptions;by reason of the presence of hazardous substances in prescribed circumstances.(5) Regulations under this section may make different provision for different cases or descriptions of cases.the substances that are hazardous substances, andthe quantity which is to be the controlled quantity of any such substance, andmay by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance.

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT