Search Legislation

Advanced Search

Planning (Hazardous Substances) (Scotland) Act 1997

Help about what version

What Version

Help about advanced features

Advanced Features

Changes over time for: Section 2

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Planning (Hazardous Substances) (Scotland) Act 1997, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2 Requirement of hazardous substances consent.S

(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”).

(2)Subsection (1) does not apply if the aggregate quantity of the substance—

(a)on, over or under the land,

[F1(aa)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;]

(b)on, over or under other land which is within 500 metres of [F2the land mentioned in paragraph (a)] and controlled by the same person, or

(c)in or on a structure controlled by the same person any part of which is within 500 metres of [F3the land mentioned in paragraph (a)],

is less than the quantity prescribed as the controlled quantity for that substance.

[F4(2A)A quantity of a substance which falls within more than one paragraph of subsection (2) shall only be counted once.]

[F5(3)The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless–

(a)it is unloaded; or

(b)it 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.]

(4)The Secretary of State may by regulations provide that hazardous substances consent is not required or is only required—

(a)in relation to land of prescribed descriptions;

(b)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.

Textual Amendments

F2Words in s. 2(2)(b) substituted (6.7.2000) by S.S.I. 2000/179, art. 2(2)(b)

F3Words in s. 2(2)(c) substituted (6.7.2000) by S.S.I. 2000/179, art. 2(2)(c)

F4S. 2(2A) inserted (6.7.2000) by S.S.I. 2000/179, art. 2(2)(d)

F5S. 2(3) substituted (6.7.2000) by S.S.I. 2000/179, art. 2(2)(e)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources