2014 No. 375 (W. 43)
The Planning (Hazardous Substances) (Amendment) (Wales) Regulations 2014
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 5 and 40 of the Planning (Hazardous Substances) Act 1990 F1.
Title, commencement, application and interpretation1
1
The title of these Regulations is the Planning (Hazardous Substances) (Amendment) (Wales) Regulations 2014 and they come into force on 14 March 2014.
2
These Regulations apply in relation to Wales.
3
In these Regulations—
a
“the 1992 Regulations” (“Rheoliadau 1992”) means the Planning (Hazardous Substances) Regulations 1992 F2; and
b
“the 1990 Act” (“Deddf 1990”) means the Planning (Hazardous Substances) Act 1990.
Amendment of the 1992 Regulations2
In Part A of Schedule 1 to the 1992 Regulations, in column 1 of the table under entry 36 relating to petroleum products, after “(c) gas oils (including diesel fuels, home heating oils and gas oil blending streams)”, insert —
d
heavy fuel oils
Transitional provision3
1
The 1992 Regulations continue to have effect as they did immediately before the relevant date in relation to —
a
any hazardous substances consent granted or deemed to have been granted before the relevant date;
b
any application for hazardous substances consent made before the relevant date;
c
any hazardous substances consent granted in respect of an application of the type mentioned in sub-paragraph (3)(b);
d
any appeal under section 21 of the 1990 Act to which an application of the type mentioned in sub-paragraph (3)(b) relates;
e
any proceedings in relation to an offence under section 23 of the 1990 Act committed before the relevant date;
f
any hazardous substances contravention notice issued by a hazardous substances authority before the relevant date;
g
any action started or anything done in relation to any matter mentioned in sub-paragraphs 3(a) to 3(f) before the relevant date.
2
In paragraph (1), “the relevant date” means the day on which this regulation comes into force.
1990 c.10; section 21 was amended by section 197, Schedule 11, paragraph 6 of the Planning Act 2008 and section 162, Schedule 16, Part VII of the Environmental Protection Act 1990; section 23 was amended by the Planning and Compensation Act 1991, section 25, Schedule 3, paragraph 10 (a) and (b). There are other amendments not relevant to these Regulations. The powers under sections 5 and 40 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32) by virtue of being “relevant Assembly functions” as defined in paragraph 30(2).