Planning (Hazardous Substances) Act 1990 (C. 10)

Amended by:

Planning and Compulsory Purchase Act 2004 (C. 5)
Government of Wales Act (Executive Powers) 2006 (C.32)

To provide special controls for hazardous substances.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

section 4: Regulations may provide cases where a hazardous substance consent is not required.
section 5: Power to provide by Regulations what constitutes a hazardous substance.
section 7: Power to provide by Regulations for procedure for applying for hazardous substance consent.
section 8: Power to prescribe certificates required for applying for consent or appeal against refusal for consent.
section 15: Power to confirm a section 14 order revoking or modifying a hazardous substance consent.
section 20: Power to direct reference of applications for consent to the Secretary of State.
section 21 and the Schedule: Appeals against refusal to grant consent and to prescribe appeal notices. Special provisions relating to national security. Special provisions as regards to Wales, regulations making powers.
sections 24 and 25: Power by Regulations to specify contents of hazardous substances contravention notices.
section 27: Power to issue direction for temporary exemption for contravention of hazardous substances control.
section 28: Power to prescribe contents of hazardous substance consent application registers.
section 30B: Duty to make a claim in the prescribed form before the end of the transitional period, if at any time during the establishment period a hazardous substance was present on, over or under Crown land.
sections 30C and 30D: Power to consent to enforcement in relation to the Crown.
section 36: Power to authorise entry onto land.
section 38(3): Power to require contribution from other local authority towards the compensation payable under the Act by a local authority.

The following Ministerial functions under this Act are exercisable solely by the Counsel General in relation to Wales namely:

Schedule paragraphs 6A and 8: Power to appoint a person to represent the interests of any person who will be prevented from hearing or inspecting evidence if the Secretary of State gives a direction under paragraph 6(6) that specified evidence should not be disclosed.

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