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The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in the exercise of the powers conferred on them by sections 4, 5(1), 7, 8, 11(2),(7), 17(2), 21(2),(3), 24(4), 25, 26A, 28(1), 30, 39(2) and 40(1) of the Planning (Hazardous Substances) Act 1990^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Planning (Hazardous Substances) Regulations 1992 and shall come into force on 1st June 1992.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires—

"the Act" means the Planning (Hazardous Substances) Act 1990;


"buried or mounded vessel" includes a vessel which is only partially buried or mounded;


"moveable container" means any container designed or adapted to contain hazardous substances other than a vessel;


"vessel" means any container designed or adapted to contain hazardous substances which is affixed to the land, and includes a container which forms part of plant or machinery which is affixed to the land but does not include a pipeline.

    (2)  In these Regulations—
 (a) a reference to a section is a reference to that section of the Act, unless there is a contrary indication;
 (b) a reference to a numbered form is a reference to the correspondingly numbered form in Schedule 2.

    (3)  Part 4, Form 8 and Schedule 3 (deemed consents) shall be construed in accordance with regulation 16.

    (4)  Schedule 1 (hazardous substances and controlled quantities) shall be construed in accordance with Part D of that Schedule.

    (5)  References to sections of the principal Act^[2] mentioned in regulations 18, 20, 21 and 22 (enforcement) shall, in those sections and these Regulations, be construed as references to those sections as modified by these Regulations in relation to hazardous substances control.

[1] 1990, c. 10; relevant amendments are made by paragraphs 2, 3 and 4 of Schedule 13, and Part VII of Schedule 16, to the Environmental Protection Act 1990 (c. 43) and by paragraphs 13 and 30 of Schedule 3 to the Planning and Compensation Act 1991 (c. 34). Section 26A was inserted by paragraph 9 of Schedule 13 to the Environmental Protection Act 1990. See section 39(2) and section 336(1) of the Town and Country Planning Act 1990 (c. 8) for the definition of "prescribed". back

[2] The "principal Act" is the Town and Country Planning Act 1990 (c. 8); see section 39(1) of the Planning (Hazardous Substances) Act 1990. back