Welsh Statutory Instrument
2015
United Kingdom
The Planning (Hazardous Substances) (Wales) Regulations 2015
At a glance
Enforced by
What's here
15 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Applicant 4
- Any Person 1
Plus 10 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Applicants also bound by 149 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 2 other sections in this Part — procedural / definitional / commencement
Interpretation
Part 2 — Hazardous substances, controlled quantities and exemptions
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Hazardous substances consent procedures
Applications for hazardous substances consent
- Apply for hazardous substances consent Applicant
Publication of notices of applications
- Publish and post public notices before applying for hazardous substance consent Applicant
Notification of applications to owners
- Notify land owners when applying for hazardous substances consent Applicant
Inspection of applications
Other duties (1) — Crown / regulator
- Hazardous substances authority must allow public inspection of applications Local authority
Receipt of applications by hazardous substances authority
Other duties (1) — Crown / regulator
- Hazardous substances authority must acknowledge and process applications Local authority
Determination of applications for hazardous substances consent
Other duties (1) — Crown / regulator
- Hazardous substances authority must decide on applications within 8 weeks Local authority
Notice of reference of applications to the Welsh Ministers
Other duties (1) — Crown / regulator
- Local authority must notify you if your application is referred to Ministers Local authority
Appeals
- Submit a valid appeal against hazardous substances decisions Applicant
Browse 3 other sections in this Part — procedural / definitional / commencement
Consultation before the grant of hazardous substances consent
Period for determination of procedure under sections 20 and 21 of the PHSA
Variation of applications after notice of appeal
Part 4 — Enforcement (hazardous substances contravention notices – appeals, effect and register)
Hazardous substances contravention notices: supplementary provisions
Other duties (1) — Crown / regulator
- Local authorities must follow specific procedures for contravention notices Local authority
Register of hazardous substances contravention notices
Other duties (1) — Crown / regulator
- Local authorities must maintain a public register of contravention notices Local authority
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 5 — Other matters relating to hazardous substances consent (consents register, fees, application of the PHSA to hazardous substances authorities and notification of other establishments)
Consents register
Other duties (1) — Crown / regulator
- Hazardous substances authority must maintain a public consents register Local authority
Application of the PHSA to hazardous substances authorities
Other duties (1) — Crown / regulator
- Welsh Ministers must determine hazardous substances consent for authorities Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Fees for applications
Fees for deemed applications
Part 6 — Policies and public consultation and participation
Policies
Other duties (1) — Crown / regulator
- Welsh Ministers must consider accident prevention in national planning policies Crown / Minister / Government department
Other planning approvals for projects
Other duties (1) — Crown / regulator
- Authorities must follow public consultation procedures for hazardous projects Local authority
Browse 1 other section in this Part — procedural / definitional / commencement
Plans and programmes
Part 7 — Revocations, amendments, savings and transitional provisions and application to the Crown
Notification of other establishments
- Notify the authority if you hold hazardous substances under a specific exemption Any Person
Browse 7 other sections in this Part — procedural / definitional / commencement
Interpretation of this Part
Revocations
Transitional applications and appeals
Interpretation of existing consents
Saving for deemed consent conditions
Amendments
Application to the Crown
Schedules
Browse 63 other Schedules — structural / supplementary
HAZARDOUS SUBSTANCES AND CONTROLLED QUANTITIES
Substances and mixtures are classified in accordance with the CLP...
If Explosives of Division 1.4 are unpacked or repacked, they...
(1) Flammable aerosols are classified in accordance with the Council...
According to paragraph 2.6.4.5 in Annex I to the CLP...
Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition This applies...
Ammonium nitrate (1,250/5,000): fertiliser grade This applies to straight ammonium...
Ammonium nitrate (350/2,500): technical grade This applies to ammonium nitrate...
Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the...
Potassium nitrate (5,000/10,000) This applies to those composite potassium-nitrate based...
Potassium nitrate (1,250/5,000) This applies to those composite potassium-nitrate based...
Upgraded biogas For the purpose of the implementation of these...
Mixtures must be treated in the same way as pure...
Polychlorodibenzofurans and polychlorodibenzodioxins The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are...
In cases where this hazardous substance falls within category P5a...
Where a hazardous substance is covered by Part 1 of...
In relation to Part 3— (a) where S also falls...
Expressions appearing both in this Schedule and in the Directive...
The controlled quantities set out in Parts 1 to 3...
The following rule governing the addition of hazardous substances, or...
In the case of hazardous substances which are not covered...
In the case of hazardous substances with properties giving rise...
Hazardous substances that fall within Acute Toxic Category 3 via...
The hazard class Explosives includes explosive articles (see Section 2.1...
Testing for explosive properties of substances and mixtures is only...
EXEMPTIONS
Loading, unloading and intermediate storage
Explosives
Hazardous substance consent is not required where an explosive license...
Presence of established substances
Paragraph 12 does not apply where the quantity of the...
Presence of exempted substances
Presence of small quantities of substances
Minor changes to types and quantities of substances
The conditions are— (a) that before the relevant minor change...
Interpretation of this Schedule
Expressions appearing both in this Schedule and in the Directive...
Pipelines
Emergency unloading from ships
For the purpose of paragraph 3, a substance is to...
Landfill sites
Paragraph 5 does not apply to— (a) a site used...
Nuclear sites
Minerals
Hazardous substances consent is not required for the presence of...
PRESCRIBED FORMS, NOTICES AND CERTIFICATES
ENFORCEMENT – SPECIFIED MODIFICATIONS OF THE TCPA
In sections 174, 175, 176 and 177 of the TCPA...
Section 181 (enforcement notice to have effect against subsequent development)...
(1) Section 285 of the TCPA (validity of enforcement notices...
Section 174 of the TCPA (appeals against enforcement notice), in...
Section 175 of the TCPA (appeals: supplementary provisions), in its...
Section 176 of the TCPA (general provisions relating to determination...
Section 177 of the TCPA (grant or modification of planning...
In sections 178, 179, 180 and 181 of the TCPA,...
Section 178 of the TCPA (execution and cost of works...
Section 179 (offence where enforcement notice not complied with), as...
Section 180 (effect of planning permission etc. on enforcement or...
AMENDMENTS TO LEGISLATION
Amendment of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005
Amendment of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012
This Part covers all hazardous substances falling under the hazard...
(See note 23)
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 37 other unclassified sections
Title, commencement and application
Interpretation
Hazardous substances and controlled quantities
Exemptions
Applications for hazardous substances consent
Publication of notices of applications
Notification of applications to owners
Inspection of applications
Receipt of applications by hazardous substances authority
Consultation before the grant of hazardous substances consent
Determination of applications for hazardous substances consent
Notice of reference of applications to the Welsh Ministers
Appeals
Variation of applications after notice of appeal
Period for determination of procedure under sections 20 and 21 of the PHSA
Hazardous substances contravention notices: supplementary provisions
Appeals against hazardous substances contravention notices
Appeals: supplementary
Effect of non-compliance with hazardous substances contravention notices,
Register of hazardous substances contravention notices
Validity, etc.
Interpretation of TCPA for the purposes of this Part
Consents register
Fees for applications
Fees for deemed applications
Application of the PHSA to hazardous substances authorities
Policies
Plans and programmes
Other planning approvals for projects
Interpretation of this Part
Revocations
Transitional applications and appeals
Interpretation of existing consents
Saving for deemed consent conditions
Notification of other establishments
Amendments
Application to the Crown
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Health and Safety Executive
Workplace health, safety, and welfare regulation across all industries. Enforces the Health and Safety at Work Act 1974 and related regulations. Investigates …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.