Northern Ireland Statutory Rule SI 2015 Northern Ireland

The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE
Status
In Force
Penalty ceiling
Prosecution 1 of 18 obligations carry an unlimited fine. 1 carries different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Applicant2

Plus 13 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Schedules

Schedules

2 of 34 shown
s.sch003 Execution and cost of works required by hazardous substances contravention notice Prosecution
  • Obstruct council officer enforcing hazardous substances noticeAny Person

Fine up to £1,000

s.sch003 Offence where hazardous substances contravention notice not complied with Prosecution
  • Fail to comply with a hazardous substances contravention noticeAny Person

Unlimited fine

32 other schedules
s.sch001 PRESCRIBED FORM (opens in a new tab)
s.sch002 HAZARDOUS SUBSTANCES AND CONTROLLED QUANTITIES (opens in a new tab)
s.sch002 Substances and mixtures are classified in accordance with the CLP...
s.sch002 Testing for explosive properties of substances and mixtures is only...
s.sch002 If Explosives of Division 1.4 are unpacked or repacked, they...
s.sch002 (1) Flammable aerosols are classified in accordance with the Council...
s.sch002 According to paragraph 2.6.4.5 in Annex I to the CLP...
s.sch002 Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition This applies...
s.sch002 Ammonium nitrate (1,250/5,000): fertiliser grade This applies to straight ammonium...
s.sch002 Ammonium nitrate (350/2,500): technical grade This applies to ammonium nitrate...
s.sch002 Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the...
s.sch002 Potassium nitrate (5,000/10,000) This applies to those composite potassium-nitrate based...
s.sch002 Potassium nitrate (1,250/5,000) This applies to those composite potassium-nitrate based...
s.sch002 Mixtures shall be treated in the same way as pure...
s.sch002 Upgraded biogas For the purpose of the implementation of these...
s.sch002 Polychlorodibenzofurans and polychlorodibenzodioxins The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are...
s.sch002 In cases where this hazardous substance falls within category P5a...
s.sch002 Where a hazardous substance falls within both Parts 1 and...
s.sch002 In relation to Part 3— (a) where S also falls...
s.sch002 Expressions appearing both in this Schedule and in the Directive...
s.sch002 The controlled quantities set out in Parts 1 to 3...
s.sch002 The following rule governing the addition of hazardous substances, or...
s.sch002 In the case of hazardous substances which are not covered...
s.sch002 In the case of hazardous substances with properties giving rise...
s.sch002 Hazardous substances that fall within Acute Toxic Category 3 via...
s.sch002 The hazard class Explosives includes explosive articles (see Section 2.1...
s.sch003 ENFORCEMENT – MODIFICATIONS OF THE 2011 ACT (opens in a new tab)
s.sch003 Appeal against hazardous substances contravention notice
s.sch003 Appeal against hazardous substances contravention notice – general supplementary provisions
s.sch003 Appeal against hazardous substances contravention notice – supplementary provisions relating to hazardous substances consent
s.sch003 Effect of hazardous substances consent on hazardous substances contravention notice
s.sch003 Hazardous substances contravention notice to have effect against subsequent development
s.005 Application for hazardous substances consent Regulated
  • Apply for hazardous substances consent in Northern IrelandApplicant
s.006 Advertisement of notices of applications Regulated
Other duties (1) — Crown / regulator
  • Council must advertise hazardous substances consent applicationsLocal authority
s.007 Certificates to accompany applications Regulated
  • Include correct ownership certificates with hazardous substances applicationsApplicant
s.008 Inspection of applications Regulated
Other duties (1) — Crown / regulator
  • Council must make hazardous substances applications available for inspectionLocal authority
s.009 Council to take account of representations from certain persons Regulated
Other duties (1) — Crown / regulator
  • Council must consider representations from affected land interestsLocal authority
s.011 Consultations before determining applications for hazardous substances consent Regulated
Other duties (1) — Crown / regulator
  • Council must consult specific authorities and the public on hazardous substancesLocal authority
s.012 Determination of applications for hazardous substances consent Regulated
Other duties (1) — Crown / regulator
  • Councils must wait for consultation periods before deciding on consentLocal authority
s.013 Notification of decision Regulated
Other duties (1) — Crown / regulator
  • Council must notify applicants of hazardous substances decisions within 8 weeksLocal authority
s.014 Applications to the Department for consent to execute works without compliance with conditions previously attached Regulated
Other duties (1) — Crown / regulator
  • Department must offer a hearing before deciding on modified conditionsCrown / Minister / Government department
s.015 Call in of certain applications for hazardous substances consent to the Department Regulated
Other duties (1) — Crown / regulator
  • Councils must notify applicants when hazardous substance cases are called inLocal authority
s.016 Application of the 2011 Act to councils Regulated
Other duties (1) — Crown / regulator
  • Local councils must apply to the Department for hazardous substances consentLocal authority
s.017 Policies Regulated
Other duties (1) — Crown / regulator
  • The Department must consider accident prevention in land-use policiesCrown / Minister / Government department
s.019 Other planning approvals for projects Regulated
Other duties (1) — Crown / regulator
  • Authorities must follow public consultation procedures for relevant projectsLocal authority
s.020 Hazardous substances contravention notices Regulated
Other duties (1) — Crown / regulator
  • Councils must provide specific details when issuing contravention noticesLocal authority
s.026 Notification of other establishments Regulated
  • Notify the council of hazardous substances held under specific exemptionsAny Person
s.028 Amendment of the Local Development Plan Regulations Regulated
Other duties (1) — Crown / regulator
  • Councils must consider safety and accident prevention in local development plansLocal authority
12 other provisions
s.001 Citation and commencement
s.002 Interpretation
s.003 Hazardous substances and controlled quantities
s.004 Exemptions
s.010 Persons to be treated as in actual possession of land
s.018 Plans and programmes
s.021 Appeals against hazardous substances contravention notices
s.022 Effect of hazardous substances contravention notices, etc.
s.023 Use of electronic communications
s.024 Revocation
s.025 Interpretation of existing consents
s.027 Amendment of the General Development Procedure Order

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.