The Planning (Hazardous Substances) (Wales) Regulations 2015

Column 1 Hazardous Substances	Column 2 Controlled quantity
Where it is reasonable to foresee that a substance falling within Part 1 or Part 2 (“HS”) may be generated during loss of control of the processes, including storage activities in any installation within an establishment, any substance which is used in that process (“S”).	The amount of S which it is believed may generate (on its own or in combination with other substances used in the relevant process) an amount equal to or exceeding the controlled quantity of the HS in question.

(Gweler nodyn 23)

PART 4 — Notes to Parts 1 to 3

1

Substances and mixtures are classified in accordance with the CLP Regulation .

2

Mixtures must be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under the CLP Regulation, or its latest adaptation to technical progress, unless a percentage composition or other description is specifically given.

3

The controlled quantities set out in Parts 1 to 3 of this Schedule relate to each establishment.

4

The following rule governing the addition of hazardous substances, or categories of dangerous substances, applies where appropriate.

5

In the case of hazardous substances which are not covered by the CLP Regulation, including waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major accident potential, these must be provisionally assigned to the most analogous category or named hazardous substance falling within the scope of these Regulations.

6

In the case of hazardous substances with properties giving rise to more than one classification, for the purposes of these Regulations the lowest controlled quantities apply. However, for the application of the rule in Note 4, the lowest controlled quantity for each group of categories in Notes 4(a), 4(b) and 4(c) corresponding to the classification concerned must be used.

7

Hazardous substances that fall within Acute Toxic Category 3 via the oral route (H 301) fall under entry H2 ACUTE TOXIC in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.

8

The hazard class Explosives includes explosive articles (see Section 2.1 of Annex I to the CLP Regulation). If the quantity of the explosive substance or mixture contained in the article is known, that quantity must be considered for the purposes of these Regulations. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of these Regulations, the whole article must be treated as explosive.

9

Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (UN Manual of Tests and Criteria) identifies the substance or mixture as potentially having explosive properties.

10

If Explosives of Division 1.4 are unpacked or repacked, they must be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with the CLP Regulation.

11

• (1) Flammable aerosols are classified in accordance with the Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers as amended from time to time (Aerosol Dispensers Directive). “Extremely flammable” and “Flammable” aerosols of Directive 75/324/EEC correspond to Flammable Aerosols Category 1 or 2 respectively of the CLP Regulation.

• (2) In order to use this entry, it must be documented that the aerosol dispenser does not contain Flammable Gas Category 1 or 2 nor Flammable Liquid Category 1.

12

According to paragraph 2.6.4.5 in Annex I to the CLP Regulation, liquids with a flash point of more than 35°C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

13

Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition

14

Ammonium nitrate (1,250/5,000): fertiliser grade

15

Ammonium nitrate (350/2,500): technical grade

16

Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test

17

Potassium nitrate (5,000/10,000)

18

Potassium nitrate (1,250/5,000)

19

Upgraded biogas

20

Polychlorodibenzofurans and polychlorodibenzodioxins

21

In cases where this hazardous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then for the purposes of these Regulations the lower controlled quantity applies.

22

Where a hazardous substance is covered by Part 1 of this Schedule and is also listed in Part 2, the controlled quantity set out in Column 2 of Part 2 apply.

23

In relation to Part 3—

• (a) where S also falls within Part 1 or Part 2, the classification with the lowest controlled quantity applies; and

• (b) where S also falls within Part 1 and Part 2, the controlled quantity which is lowest when the controlled quantities under Part 2 and Part 3 are compared applies.

24

Expressions appearing both in this Schedule and in the Directive have the same meaning for the purposes of this Schedule as they have for the purposes of the Directive.

SCHEDULE 2 — EXEMPTIONS

Loading, unloading and intermediate storage

1

Hazardous substances consent is not required for the intermediate temporary presence of a hazardous substance on, over or under land where that presence is directly related to the transport of hazardous substances by road, rail, internal waterways, sea or air, outside establishments covered by these Regulations, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards.

Pipelines

2

Hazardous substances consent is not required for the presence of a hazardous substance where it is being transported in a pipeline, including a pumping station, outside any land in respect of which—

• (a) there is a hazardous substances consent for any substance, or

• (b) (not taking into account the quantity of the substance in the pipeline or pumping station) there is required to be such a consent for any substance.

Emergency unloading from ships

3

Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day it was unloaded.

4

For the purpose of paragraph 3, a substance is to be treated as having been unloaded from a craft in an emergency if—

• (a) it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985 (directions by Secretary of State to harbour master) applied; or

• (b) it was unloaded from a craft after having been brought into a harbour area, within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016, without requiring notification under paragraph (1) of regulation 6 of those Regulations by virtue of an exemption under paragraph (6) of that regulation.

Landfill sites

5

Subject to paragraph 7, hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at a waste land-fill site, including underground waste storage.

6

Paragraph 5 does not apply to—

• (a) a site used for the storage of metallic mercury pursuant to Article 13(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008, as amended from time to time;

• (b) onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines;

• (c) chemical and thermal processing operations and storage related to those operations; or

• (d) operational tailings disposal facilities, including tailing ponds or dams, containing a hazardous substance.

Nuclear sites

7

Hazardous substances consent is not required for the presence of a hazardous substance which creates a hazard from ionising radiation if present on, over or under land in respect of which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965 .

Minerals

8

Hazardous substances consent is not required for the presence of a hazardous substance for the purposes of the exploitation, namely the exploration, extraction and processing, of minerals in mines and quarries, including by means of boreholes, except where present in connection with the matters referred to in paragraph 6(b) to (d) of this Schedule.

9

Hazardous substances consent is not required for the presence of a hazardous substance for the purposes of—

• (a) the offshore exploration and exploitation of minerals, including hydrocarbons; or

• (b) the storage of gas at underground offshore sites including both dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons are also carried out.

Explosives

10

Hazardous substances consent is not required for the presence of an explosive within the meaning of regulation 2(1) of the Explosives Regulations 2014 in relation to which—

• (a) a licence is required and has been granted under those Regulations by the Health and Safety Executive where it is the licensing authority by virtue of—

• (i) paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations, or

• (ii) paragraph 1(d) of Schedule 1 to those Regulations; or

• (b) a licence is required and has been granted under those Regulations by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

11

Hazardous substance consent is not required where an explosives licence within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 has been issued.

Presence of established substances

12

Hazardous substances consent is not required in relation to a hazardous substance which is on, over or under any land (“the relevant substance”) if—

• (a) the relevant substance was present on, over or under the land at any time during the establishment period;

• (b) hazardous substances consent was not required for the presence of the relevant substance at the time it was present during the establishment period; and

• (c) hazardous substances consent would have been required for the presence of the relevant substance had these Regulations been in force at that time.

13

Paragraph 12 does not apply where the quantity of the relevant substance exceeds the maximum quantity of the relevant substance which was present on, over or under the land at any one time during the establishment period.

Presence of exempted substances

14

The presence of a substance for which an exemption is provided under paragraphs 1 to 13 is not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the PHSA or these Regulations.

Presence of small quantities of substances

15

The presence of a quantity of a hazardous substance—

• (a) in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site, and

• (b) which is equal to or less than two per cent of the relevant controlled quantity for that substance,

is not to be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the PHSA or these Regulations.

Minor changes to types and quantities of substances

16

Where the conditions in paragraph 17 are met, hazardous substances consent is not required for a relevant minor change.

17

The conditions are—

• (a) that before the relevant minor change occurs, the hazardous substances authority receives from the COMAH competent authority, notice in writing, which must be copied by the COMAH competent authority to the person in control of the land to which the hazardous substances consent in question relates, confirming—

• (i) details of the relevant minor change, including details about how substances are to be kept and used;

• (ii) that the relevant minor change will not result in a safety hazard change; and

• (iii) that the relevant minor change will not result in a lower-tier establishment becoming an upper-tier establishment or vice versa; and

• (b) that any hazardous substances that are held without hazardous substances consent in reliance on this exemption are kept and used in accordance with the details set out in the notice from the COMAH competent authority.

Interpretation of this Schedule

18

In this Schedule—

• “establishment period” (“cyfnod sefydlu”) means the period of 12 months ending on—4 September 2015; or(if later) the date on which hazardous substances consent was first required for the relevant substance;

• “relevant minor change” (“mân newid perthnasol”) means a change to the quantity or type of hazardous substances present in, on or under land in relation to which there is a hazardous substances consent, where hazardous substances consent would be required for that change but for this Schedule;

• “safety hazard change” (“newid o ran perygl diogelwch”) means a change to an area notified to a local planning authority by the Health and Safety Executive or the Office of Nuclear Regulation for the purposes of paragraphs (c) or (ca) of the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 , where that change results in—that area encompassing land which it did not previously encompass; orwhere the notification of that area included the identification of zones within that area corresponding to levels of risk, the expansion of any such zone.

19

Expressions appearing both in this Schedule and in the Directive have the same meaning for the purposes of this Schedule as they have for the purposes of the Directive.

SCHEDULE 3 — PRESCRIBED FORMS, NOTICES AND CERTIFICATES

SCHEDULE 4 — ENFORCEMENT – SPECIFIED MODIFICATIONS OF THE TCPA

PART 1 — Appeals against hazardous substances contravention notices

1

In sections 174, 175, 176 and 177 of the TCPA as applied by regulation 16—

• (a) each reference to an enforcement notice is to be read as if it were a reference to a hazardous substances contravention notice; and

• (b) each reference to a local planning authority is to be read as if it were a reference to a hazardous substances authority.

2

Section 174 of the TCPA (appeals against enforcement notice), in its application in relation to a hazardous substances contravention notice, is to be read as if—

• (a) subsection (2) read as follows—

(2) An appeal may be brought on any of the following grounds— (a) that, in respect of any contravention of hazardous substances control specified in the notice, hazardous substances consent ought to be granted for the quantity of the hazardous substance present on, over or under the land or, as the case may be, the condition concerned ought to be discharged; (b) that the matters alleged to constitute a contravention of hazardous substances control have not occurred; (c) that those matters (if they occurred) do not constitute a contravention of hazardous substances control; (d) that copies of the hazardous substances contravention notice were not served as required by or under section 24(4) of the Planning (Hazardous Substances) Act 1990; (e) that the steps required by the notice to be taken exceed what is necessary to remedy any contravention of hazardous substances control; (f) that any period specified in the notice in accordance with section 24(5)(b) of that Act falls short of what should reasonably be allowed.

• (b) for subsection (4) there were substituted—

(4) A notice under subsection (3) must be accompanied by a copy of the hazardous substances contravention notice. (4A) A person who gives notice under subsection (3) must submit to the Welsh Ministers a full statement of case either— (a) when giving the notice, or (b) so that it is received by the Welsh Ministers before the end of the period specified in subsection (4B). (4B) The period specified in this subsection is— (a) 7 days beginning with the day on which the notice of appeal under subsection (3) is received by the Welsh Ministers; or (b) such longer period as the Welsh Ministers may allow provided that any such longer period is authorised in writing by them before the date stated in the hazardous substances contravention notice as the date on which it is to take effect. (4C) The appellant must send to the hazardous substances authority that issued the notice, as soon as reasonably practicable, a copy of the notice of appeal and the full statement of case.

• (c) in subsection (5)—

• (i) the words “in that statement” were inserted immediately after “does not”;

• (ii) the words “in that statement” were inserted immediately after “failed”; and

• (iii) the words “within the prescribed time” and “within that time” were omitted.

• (d) subsection (6) read as follows—

(6) In this section— - “full statement of case” means and is comprised of—a statement in writing specifying the grounds of the appeal, stating the facts on which the appeal is based and containing full particulars of the case the appellant proposes to put forward in relation to the appeal; andcopies of any supporting documents the appellant proposes to refer to or put forward in evidence; - “relevant occupier” means a person who—on the date on which the hazardous substances contravention notice is issued occupies the land to which the notice relates by virtue of a licence; andcontinues so to occupy the land when the appeal is brought.

3

Section 175 of the TCPA (appeals: supplementary provisions), in its application in relation to a hazardous substances contravention notice, is to be read as if in subsection (6), the words “section 25(1) of the Planning (Hazardous Substances) Act 1990” were substituted for “any other provisions of this Act”.

4

Section 176 of the TCPA (general provisions relating to determination of appeals), in its application in relation to a hazardous substances contravention notice, is to be read as if in subsection (3)—

• (i) in paragraph (a), “within the prescribed time” were omitted; and

• (ii) paragraph (b) read as follows—

(b) may allow an appeal and quash the hazardous substances contravention notice if the hazardous substances authority fails to comply with regulation 17(2) of the Planning (Hazardous Substances) (Wales) Regulations 2015.

5

Section 177 of the TCPA (grant or modification of planning permission on appeal against enforcement notice), in its application in relation to a hazardous substances contravention notice, is to be read as if—

• (a) for paragraphs (a) and (b) were substituted—

(a) grant hazardous substances consent for the presence of the hazardous substance on, over or under the land or on, over or under part of that land to which the hazardous substances contravention notice relates; (b) discharge any condition subject to which hazardous substances consent was granted.

• (b) subsections (1A) to (1C) were omitted;

• (c) in subsection (2)—

• (i) the words “hazardous substances consent” were substituted for “planning permission”; and

• (ii) the words after “regard” were substituted with “ to any considerations which a hazardous substances authority would have to have regard to under section 9(2) of the Planning (Hazardous Substances) Act 1990 when dealing with an application for hazardous substances consent. ”;

• (d) in subsection (3)—

• (i) the words “hazardous substances consent” were substituted for “planning permission” in both places where it occurs; and

• (ii) the reference to “Part III” were a reference to “the Planning (Hazardous Substances) Act 1990”;

• (e) in subsection (4) both references to “or limitation” were omitted;

• (f) in subsection (5)—

• (i) paragraph (b) were omitted;

• (ii) for the words from “planning permission” to the end, were substituted “ hazardous substances consent in respect of the matters specified in the hazardous substances contravention notice as constituting a contravention of hazardous substances control. ”;

• (g) in subsection (5A), the words “section 26A of the Planning (Hazardous Substances) Act 1990” were substituted for “section 303”;

• (h) in subsections (6) and (7), the words “hazardous substances consent” were substituted for “planning permission”; and

• (i) in subsection (8)—

• (i) the words “section 28 of the Planning (Hazardous Substances) Act 1990” were substituted for “section 69”; and

• (ii) the words “hazardous substances consent” were substituted for “planning permission”.

PART 2 — Effect of hazardous substances contravention notices, etc.

6

In sections 178, 179, 180 and 181 of the TCPA, as applied by regulation 18—

• (a) each reference to an enforcement notice is to be read as if it were a reference to a hazardous substances contravention notice; and

• (b) each reference to a local planning authority is to be read as if it were a reference to a hazardous substances authority.

7

Section 178 of the TCPA (execution and cost of works required by enforcement notices) as it has effect in relation to a hazardous substances contravention notice, is to be read as if—

• (a) in subsection (2), in both places where the words “breach of planning control” occur, it read “contravention of hazardous substances control”;

• (b) subsections (3) to (5) were omitted; and

• (c) the following subsection were inserted after subsection (6)—

(7) Where different periods are specified for different steps in a hazardous substances contravention notice by virtue of section 24(5)(b) of the PHSA, references in this section and in section 179 to the period for compliance with a hazardous substances contravention notice, in relation to a step, are to the period by the end of which the step is required to have been taken.

8

Section 179 (offence where enforcement notice not complied with), as it has effect in relation to a hazardous substances contravention notice, is to be read as if—

• (a) subsection (1) read as follows—

(1) Where, at any time after the end of the period for compliance with a hazardous substances contravention notice, any steps required by the notice to be taken before the end of that period have not been taken, any person other than the owner who is in control of the land and the owner of the land at that time is in breach of the notice.

• (b) in subsection (2), for the words “the owner of the land” read “a person”;

• (c) subsections (4) and (5) were omitted;

• (d) in subsection (6), the words “or (5)” were omitted; and

• (e) in subsection (7)(b), the words “section 188” read “regulation 19 of the Planning (Hazardous Substances) (Wales) Regulations 2015”.

9

Section 180 (effect of planning permission etc. on enforcement or breach of condition notice) as it has effect in relation to a hazardous substances contravention notice, is to be read as if—

• (a) subsection (1) read as follows—

(1) Where, after the service of a copy of a hazardous substances contravention notice, hazardous substances consent is granted for the presence of a hazardous substance on, over or under the land to which the notice relates or any part of that land, the notice ceases to have effect so far as inconsistent with that consent.

• (b) subsection (2) were omitted; and

• (c) in subsection (3), the words “or breach of condition notice” were omitted.

10

Section 181 (enforcement notice to have effect against subsequent development) as it has effect in relation to a hazardous substances contravention notice, is to be read as if the following were substituted for subsections (1) to (5) of that section—

(1) Compliance with a hazardous substances contravention notice does not discharge that notice. (2) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires a hazardous substance to be removed from the land to which the notice relates, the presence on, over or under that land of a quantity of that substance equal to or exceeding its controlled quantity at any time after the substance has been removed in compliance with the hazardous substances contravention notice is in contravention of that notice. (3) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires the quantity of a hazardous substance on, over or under the land to which the notice relates to be reduced below a specified quantity (being greater than the controlled quantity), the presence on, over or under that land of a quantity of that substance equal to or in excess of the specified quantity at any time after the quantity of that substance has been reduced below the specified quantity in compliance with the hazardous substances contravention notice, is in contravention of that notice. (4) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires steps to be taken to remedy a failure to comply with a condition subject to which a hazardous substances consent was granted, after those steps have been taken no further steps may be taken which would constitute a breach of that condition, and the taking of such further steps is in contravention of that notice. (5) Sections 178 and 179 apply to the contravention of a hazardous substances contravention notice to which this section applies as if the period for compliance with the notice had expired on the date the contravention took place, but the hazardous substances authority must not enter the land under section 178(1) without, at least 28 days before their entry, serving on the owner or occupier of the land a notice of their intention to do so.

PART 3 — Validity

11

• (1) Section 285 of the TCPA (validity of enforcement notices and similar notices), as applied by regulation 20(1), is to be read as if—

• (a) each reference to an enforcement notice were a reference to a hazardous substances contravention notice; and

• (b) subsections (3) and (4) were omitted.

• (2) Section 289 of the TCPA (appeals to High Court relating to enforcement notices etc.), as applied by regulation 20(1), is to be read as if—

• (a) each reference to an enforcement notice were a reference to a hazardous substances contravention notice; and

• (b) each reference to a local planning authority in subsections (1) and (4A) were a reference to a hazardous substances authority.

SCHEDULE 5 — AMENDMENTS TO LEGISLATION

Amendment of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005

1

• (1) The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 are amended as follows.

• (2) In regulation 13 (LDP: additional matters to which regard is to be had)—

• (a) for paragraph (1)(c) substitute—

(c) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment by pursuing those objectives through the controls described in Article 13 of Directive 2012/18/EU;

• (b) for paragraph (d) substitute—

(d) the need, in the long term— (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes; (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; (iii) in the case of existing establishments, to take additional technical measures in accordance with Article 5 of Directive 2012/18/EU so as not to increase the risks to human health and the environment.

• (c) in paragraph (2), for “Council Directive 96/82/ EC (as amended by Council Directive 2003/105/EC)” substitute “ Directive 2012/18/EU ”.

Amendment of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012

2

• (1) The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 is amended as follows.

• (2) In the Table in Schedule 4 (consultations before the grant of permission), in paragraph (x)—

• (a) for the words in the second column (description of development) substitute—

Development— (i) involving the siting of new establishments; (ii) consisting of modifications to existing establishments covered by Article 11 of Directive 2012/18/EU; or (iii) which is new, including transport routes, locations of public use and residential areas in the vicinity of existing establishments, where the siting or development may be the source of or increase the risk or consequences of a major accident.

• (b) for the words in the third column (consultee) substitute—

The COMAH competent authority, and in relation to development falling within paragraph (iii), any person who is, according to the register held by the hazardous substances authority under regulation 22 of the Planning (Hazardous Substances) (Wales) Regulations 2015, the person who is in control of the land on which any existing establishment in question is located

• (c) in Schedule 4 in the paragraph dealing with the Interpretation of Table, for paragraph (k) substitute—

(k) in paragraph (x)— (i) expressions appearing both in that paragraph and in Directive 2012/18/EU have the same meaning as in that Directive; and (ii) “COMAH competent authority” (“awdurdod COMAH cymwys”) means— (aa) in relation to a relevant nuclear site, the Office of Nuclear Regulation and the Natural Resources Body for Wales, acting jointly; (bb) otherwise, the Health and Safety Executive and the Natural Resources Body for Wales acting jointly.

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 2015-08-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 p. 68; diwygiwyd adran 2(2) gan adran 27 o Ddeddf Diwygio Deddfwriaethol a Rheoleiddiol 2006 (p. 51) ac adran 3 o Ddeddf yr Undeb Ewropeaidd (Diwygio) 2008 (p. 7), a Rhan 1 o’r Atodlen iddi.

[^f00002]: O.S. 2015/814.

[^f00003]: 1990 p. 10. Trosglwyddwyd swyddogaethau’r Ysgrifennydd Gwladol o dan yr adrannau hynny, i’r graddau y maent yn arferadwy o ran Cymru, i Gynulliad Cenedlaethol Cymru gan erthygl 2 o Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) ac Atodlen 1 iddo. Trosglwyddwyd y swyddogaethau i Weinidogion Cymru gan adran 162 o Ddeddf Llywodraeth Cymru 2006 (p. 32) a pharagraff 30 o Atodlen 11 iddi, ac yr oedd y swyddogaethau hynny yn swyddogaethau perthnasol y Cynulliad fel y’u diffinnir ym mharagraff 30(2). Gweleradran 39(2) i gael ystyr “prescribed”. Diwygiwyd adran 4 gan O.S. 1999/981 y mae diwygiadau eraill iddi nad ydynt yn berthnasol i’r Rheoliadau hyn. Diwygiwyd adran 7(1) gan adran 144 o Ddeddf Diogelu’r Amgylchedd 1990 (p. 43) (“DDA 1990”) a pharagraff 3 o Ran 1 o Atodlen 13 iddi, mewnosodwyd adran 21(3A) gan adran 197 o Ddeddf Cynllunio 2008 (p. 29) (“Deddf 2008”) a pharagraff 6 o Atodlen 11 iddi, mewnosodwyd adran 21B gan reoliad 2(3) o O.S. 2014/2773 (Cy. 280), diwygiwyd adran 25 gan adran 144 o DDA 1990 a pharagraff 8 o Ran 1 o Atodlen 13 iddi, adrannau 25 ac 84 o Ddeddf Cynllunio a Digolledu 1991 (p. 34) a pharagraffau 13 a 30 o Atodlen 3 a Rhan 1 o Atodlen 19 iddi, ac adran 196(4) o Ddeddf 2008 a pharagraffau 25, 28(a) a 28(b) o Atodlen 10 iddi, mewnosodwyd adran 26A gan adran 144 o DDA 1990 a pharagraff 9 o Ran 1 o Atodlen 13 iddi, diwygiwyd adran 28 gan adrannau 144 a 162 o DDA 1990 a pharagraff 2(4) o Ran 1 o Atodlen 13 a Rhan 7 o Atodlen 16 iddi, a mewosodwyd adran 40(4) gan adran 118(1) o Ddeddf Cynllunio a Phrynu Gorfodol 2004 (p. 5) a pharagraff 27 o Atodlen 6 iddi.

[^f00004]: 1993 p. 38. Trosglwyddwyd swyddogaethau’r Ysgrifennydd Gwladol o dan yr adran hon i Gynulliad Cenedlaethol Cymru gan erthygl 2 o Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) ac Atodlen 1 iddo. Trosglwyddwyd y swyddogaethau hynny wedi hynny i Weinidogion Cymru gan adran 162 o Ddeddf Llywodraeth Cymru 2006 a pharagraff 30 o Atodlen 11 iddi.

[^f00005]: O.J. L 345, 23.12.2008, t. 68.

[^f00006]: 1990 p. 8.

[^f00007]: O.J. Rhif L 197, 24.7.2012, t. 1.

[^f00008]: O.S. 1992/656; gwnaed diwygiadau perthnasol gan adran 76(7) o Ddeddf Cyfleustodau 2000 (p. 27) a chan O.S. 1999/981, O.S. 2006/1282, O.S. 2996/1283, O.S. 2009/1901, O.S. 2010/1050 ac O.S. 2014/162.

[^f00009]: 2013 p. 32.

[^f00010]: 1986 p. 44. Amnewidiwyd adran 7 gan adran 5 o Ddeddf Nwy 1995 (p. 45) a diwygiwyd is-adran (2) gan adrannau 3(2) a 76 o Ddeddf Cyfleustodau 2000, a pharagraffau 1 a 4 o Ran 1 o Atodlen 6 iddi a chan O.S. 2011/2704.

[^f00011]: 1989 p. 29. Amnewidiwyd adran 6 gan adran 30 o Ddeddf Cyfleustodau 2000 (p. 27), amnewidiwyd is-adran (1)(b) gan adran 136(1) o Ddeddf Ynni 2004 (p. 20) a diwygiwyd is-adran (1)(c) gan adran 197(9) o Ddeddf Ynni 2004, a Rhan 1 o Atodlen 23 iddi.

[^f00012]: 1981 p. 69. Amnewidiwyd adran 28 gan baragraff 1 o Atodlen 9 i Ddeddf Cefn Gwlad a Hawliau Tramwy 2000 (p. 37) ac fe’i diwygiwyd gan adran 105(1) o Ddeddf yr Amgylchedd Naturiol a Chymunedau Gwledig 2006 (p. 16) a pharagraff 79 o Ran 1 o Atodlen 11 iddi, a pharagraff 2 o Ran 2 o Atodlen 13 i Ddeddf Mynediad i Arfordiroedd a Glannau’r Môr 2009 (p. 23).

[^f00013]: 1990 p. 43. Diwygiwyd adran 75(1) gan O.S. 2006/937. Diwygiwyd adran 75(2) gan O.S. 2011/988.

[^f00014]: Diwygiwyd adran 30(2) gan adran 22(3) o Ddeddf Llywodraeth Leol (Cymru) 1994, a pharagraff 17(2) o Atodlen 9 iddi. Mae diwygiadau eraill i’r adran hon nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00015]: 1972 p. 70.

[^f00017]: O.S. 2004/1656 (Cy. 170), diwygiwyd gan O.S. 2011/1043; y mae offerynnau diwygio eraill i’w cael ond nid yw’r un ohonynt yn berthnasol.

[^f00018]: 1975 p. 26.

[^f00019]: O.S. 2012/801 (Cy. 110), diwygiwyd gan O.S. 2014/469 ac O.S. 2013/755 (Cy. 90). Mae diwygiadau eraill nad ydynt yn berthnasol i’r offeryn hwn.

[^f00020]: 1990 p. 8. Trosglwyddwyd swyddogaethau Gweinidogion y Goron o dan y DCGTh ac eithrio (a) adran 90(2), (b) swyddogaethau Gweinidogion y Goron ac eithrio Ysgrifennydd Gwladol Cymru o dan adrannau 90(1), 101 ac Atodlen 8, 170(12), 238(1)(a), 239(1)(a), 263(3) a (4), 266, 268, 279(5) a (6), 305, 325(9) a 336(3); (c) swyddogaethau’r Ysgrifennydd Gwladol dros Fasnach a Diwydiant o dan adran 272(5) a (6); a (d) swyddogaethau’r Trysorlys o dan adrannau 293(3) a 336(2) i Gynulliad Cenedlaethol Cymru gan Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) fel y’i diwygiwyd gan Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 2000 (O.S. 2000/253). Mae terfynau eraill ar y trosglwyddiad hwnnw nad ydynt yn berthnasol i’r Rheoliadau hyn. Trosglwyddwyd y swyddogaethau hynny wedyn i Weinidogion Cymru gan adran 162 o Ddeddf Llywodraeth Cymru 2006 a pharagraff 30 o Atodlen 11 iddi.

[^f00021]: Mewnosodwyd adran 293A gan adran 82(1) o Ddeddf Cynllunio a Phrynu Gorfodol 2004 (“Deddf 2004”) (p. 5). Mae adran 118(3) o Ddeddf 2004 yn darparu bod rhaid ystyried cyfeiriad yn Atodlen 1 i Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 at ddeddfiad a ddiwygir gan y Ddeddf hon i fod yn gyfeiriad at ddeddfiad fel y’i diwygiwyd felly.

[^f00022]: Mewnosodwyd adran 293A gan adran 82(1) o Ddeddf 2004.

[^f00023]: Diwygiwyd adran 78 gan adran 17(2) o Ddeddf Cynllunio a Digolledu 1991 (p. 34), adrannau 40(2)(e) a 43(2) o Ddeddf 2004 a pharagraffau 1 a 3 o Atodlen 10 a pharagraffau 1 a 2 o Atodlen 11 i Ddeddf Cynllunio 2008 (p. 9).

[^f00024]: Mewnosodwyd adran 61A gan adran 40(1) o Ddeddf 2004 ac fe’i diwygiwyd gan adrannau 188 a 238 o Ddeddf Cynllunio 2008, ac Atodlen 13 iddi.

[^f00025]: 1980 p. 65.

[^f00026]: Diwygiwyd adran 102 gan baragraff 6 o Atodlen 1 a pharagraff 21 o Atodlen 7 i Ddeddf Cynllunio a Digolledu 1991 (p. 34).

[^f00027]: Diwygiwyd paragraff 1 o Atodlen 9 gan baragraff 15 o Atodlen 1 i Ddeddf Cynllunio a Digolledu 1991 (p. 34).

[^f00028]: 1964 p. 40. Trosglwyddwyd swyddogaethau’r Gweinidog mewn perthynas â harbyrau pysgodfeydd o dan adrannau 14 ac 16 o’r DCSP i Weinidogion Cymru gan erthygl 2 o Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) ac Atodlen 1 iddo, fel y’i diwygiwyd gan Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 2000 (O.S. 2000/253).

[^f00029]: 1990 p. 9.

[^f00030]: 1980 p. 66. Diwygiwyd adran 10(2)(a)(i) gan adran 22(2)(a) o Ddeddf Ffyrdd Newydd a Gwaith Stryd 1991. Mae diwygiadau eraill i’r Ddeddf nad ydynt yn berthnasol i’r offeryn hwn.

[^f00031]: Presenoldeb sylweddau sefydledig.

[^f00032]: Rheoliad (EC) Rhif 1272/2008 Senedd Ewrop a’r Cyngor.

[^f00033]: Gellir dod o hyd i ragor o ganllawiau ar hepgor y prawf yn y disgrifiad o ddull A.14, gweler Rheoliad y Comisiwn (EC) Rhif 440/2008 dyddiedig 30 Mai 2008 sy’n gosod dulliau profi yn unol â Rheoliad (EC) Rhif 1907/2006 Senedd Ewrop a’r Cyngor ynghylch Cofrestru, Gwerthuso, Awdurdodi a Chyfyngu ar Gemegau (REACH) (O.J. L 142, 31.5.2008, t. 1).

[^f00034]: O.J. L 147, 9.6.1975, t. 40.

[^f00035]: Mae cynnwys nitrogen o 15.7% yn ôl pwysau o ganlyniad i amoniwm nitrad yn cyfateb i 45% o amoniwm nitrad.

[^f00036]: Mae cynnwys nitrogen o 24.5% yn ôl pwysau o ganlyniad i amoniwm nitrad yn cyfateb i 70% o amoniwm nitrad.

[^f00037]: O.J. L 304, 21.11.2003, t. 1.

[^f00038]: Mae cynnwys nitrogen o 28% yn ôl pwysau o ganlyniad i amoniwm nitrad yn cyfateb i 80% o amoniwm nitrad.

[^f00039]: 1985. p. 22.

[^f00041]: O.J. Rhif L 304, 14.11.2008; t. 75.

[^f00042]: 1965 p. 57; amnewidiwyd adran 1 gan baragraffau 16 a 17 o Atodlen 12 i Ddeddf Ynni 2013 (p. 32).

[^f00043]: O.S. 2014/1638. Mae yna newidiadau i’r rheoliad hwn nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00045]: O.S. 2012/801 (Cy. 110).

[^f00046]: O.S. 2005/2839 (Cy. 203), y mae iddo ddiwygiadau nad ydynt yn berthnasol i’r offeryn hwn.

[^f00047]: O.S. 2012/801 (Cy. 110).

This Part covers all hazardous substances falling under the hazard categories listed in Column 1:

Column 1	Column 2
Hazard categories in accordance with the CLP Regulation	Controlled quantity in tonnes
Section ‘H’ – HEALTH HAZARDS	Section ‘H’ – HEALTH HAZARDS
H1 ACUTE TOXIC Category 1, all exposure routes	5
H2 ACUTE TOXIC— Category 2, all exposure routes— Category 3, inhalation exposure route (see note 7)	50
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – SINGLE EXPOSURE STOT SE Category 1	50
Section ‘P’ – PHYSICAL HAZARDS	Section ‘P’ – PHYSICAL HAZARDS
P1a EXPLOSIVES (see note 8)— Unstable explosives or— Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or— Substances or mixtures having explosive properties according to method A.14 of Regulation(EC) No 440/2008 as amended from time to time (see note 9) and do not belongto the hazard classes Organic peroxides or Self-reactive substances and mixtures	10
P1b EXPLOSIVES (see note 8)Explosives, Division 1.4 (see note 10)	50
P2 FLAMMABLE GASES Flammable gases, Category 1 or 2	10
P3a FLAMMABLE AEROSOLS (see note 11.1) ‘Flammable’ aerosols Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1	150 (net)
P3b FLAMMABLE AEROSOLS (see note 11.1) ‘Flammable’ aerosols Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids category 1 (see note 11.2)	5,000 (net)
P4 OXIDISING GASESOxidising gases, Category 1	50
P5a FLAMMABLE LIQUIDS— Flammable liquids, Category 1, or— Flammable liquids Category 2 or 3 maintained at a temperature above their boiling point, or— Other liquids with a flash point ≤ 60 °C, maintained at a temperature above their boiling point (see note 12)	10
P5b FLAMMABLE LIQUIDS— Flammable liquids Category 2 or 3 where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards, or— Other liquids with a flash point ≤ 60 °C where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards (see note 12)	50
P5c FLAMMABLE LIQUIDSFlammable liquids, Categories 2 or 3 not covered by P5a and P5b	5,000
P6a SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDESSelf-reactive substances and mixtures, Type A or B or organic peroxides, Type A or B	10
P6b SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDESSelf-reactive substances and mixtures, Type C, D, E or F or organic peroxides, Type C, D, E, or F	50
P7 PYROPHORIC LIQUIDS AND SOLIDSPyrophoric liquids, Category 1Pyrophoric solids, Category 1	50
P8 OXIDISING LIQUIDS AND SOLIDSOxidising Liquids, Category 1, 2 or 3, orOxidising Solids, Category 1, 2 or 3	50
Section ‘E’ – ENVIRONMENTAL HAZARDS	Section ‘E’ – ENVIRONMENTAL HAZARDS
E1 Hazardous to the Aquatic Environment in Category Acute 1 or Chronic 1	100
E2 Hazardous to the Aquatic Environment in Category Chronic 2	200
Section ‘O’ – OTHER HAZARDS	Section ‘O’ – OTHER HAZARDS
O1 Substances or mixtures with hazard statement EUH014	100
O2 Substances and mixtures which in contact with water emit flammable gases, Category 1	100
O3 Substances or mixtures with hazard statement EUH029	50

(See note 23)

Editorial notes

[^c22634531]: 1972 c. 68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c22634541]: S.I. 2015/814.

[^c22634551]: 1990 c. 10. The functions of the Secretary of State under those sections were, so far as exercisable in relation to Wales, 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). The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2). See section 39(2) for the meaning of “prescribed”. Section 4 was amended by S.I. 1999/981 to which there are other amendments not relevant to these Regulations. Section 7(1) was amended by section 144 of and paragraph 3 of Part 1 of Schedule 13 to the Environmental Protection Act 1990 (c. 43) (“the EPA 1990”), section 21(3A) was inserted by section 197 of, and paragraph 6 of Schedule 11 to, the Planning Act 2008 (c. 29) (“the 2008 Act”), section 21B was inserted by regulation 2(3) of S.I. 2014/2773 (W. 280), section 25 has been amended by section 144 of, and paragraph 8 of Part 1 of Schedule 13 to, the EPA 1990, sections 25 and 84 of, and paragraphs 13 and 30 of Schedule 3 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and section 196(4) and paragraphs 25, 28(a) and 28(b) of Schedule 10 to, the 2008 Act, section 26A was inserted by section 144 of, and paragraph 9 of Part 1 of Schedule 13 to, the EPA 1990, section 28 has been amended by sections 144 and 162 of, and paragraph 2(4) of Part 1 of Schedule 13 and Part 7 of Schedule 16 to, the EPA 1990 and section 40(4) was inserted by section 118(1) of and paragraph 27 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5).

[^c22634561]: 1993 c. 38. The functions of the Secretary of State under this section 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). Those functions were subsequently transferred to the Welsh Ministers by section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

[^c22634571]: O.J. L 345, 23.12,2008, p. 68.

[^c22634581]: S.I. 1992/656; relevant amendments were made by section 76(7) of the Utilities Act 2000 (c. 27) and by S.I. 1999/981, S.I. 2006/1282, S.I. 2996/1283, S.I. 2009/1901, S.I. 2010/1050 and S.I. 2014/162.

[^c22634591]: O.J. No. L 197, 24.7.2012, p. 1.

[^c22634601]: 2013 c. 32.

[^c22634611]: 1990 c. 8.

[^c22634621]: 1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and subsection (2) was amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Part 1 of Schedule 6 to, the Utilities Act 2000 and by S.I. 2011/2704.

[^c22634631]: 1989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27), subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c. 20) ad subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004.

[^c22634641]: 1981 c. 69. Section 28 was substituted by paragraph 1 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^c22634651]: 1990 c. 43. Section 75(1) was amended by S.I. 2006/937. Section 75(2) was amended by S.I. 2011/988.

[^c22634661]: Section 30(2) was amended by section 22(3) of, and paragraph 17(2) of Schedule 9 to, the Local Government (Wales) Act 1994. There are other amendments to this section which are not relevant to these Regulations.

[^c22634671]: 1972 c. 70.

[^c22634691]: S.I. 2004/1656 (W. 170), amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

[^c22634701]: 1975 c. 26.

[^c22634711]: S.I. 2012/801 (W. 110), amended by S.I. 2014/469 and S.I. 2013/755 (W. 90). There are other amendments which are not relevant to this instrument.

[^c22634721]: 1990 c. 8. The functions of the Ministers of the Crown under the TCPA except (a) section 90(2), (b) the functions of the Ministers of the Crown other than the Secretary of State for Wales under sections 90(1), 101 and Schedule 8, 170(12), 238(1)(a), 239(1)(a), 263(3) and (4), 266, 268, 279(5) and (6), 305, 325(9) and 336(3); (c) the functions of the Secretary of State for Trade and Industry under section 272(5) and (6); and (d) the Treasury functions under sections 293(3) and 336(2) were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as amended by the National Assembly for Wales (Transfer of Functions) Order (S.I. 2000/253). There are other limitations on that transfer which are not relevant to these Regulations. Those functions were subsequently transferred to the Welsh Ministers by section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

[^c22634731]: Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) (c. 5). Section 118(3) of the 2004 Act provides that a reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an enactment amended by this Act must be taken to be a reference to the enactment as so amended.

[^c22634741]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^c22634751]: Section 78 was amended by section 17(2) of Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 9).

[^c22634761]: Section 61A was inserted by section 40(1) of the 2004 Act and has been amended by sections 188 and 238 of, and Schedule 13 to the Planning Act 2008.

[^c22634771]: 1980 c .65.

[^c22634781]: Section 102 was amended by paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^c22634791]: Paragraph 1 of Schedule 9 was amended by paragraph 15 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^c22634801]: 1964 c. 40. The functions of the Minister in relation to fishery harbours under sections 14 and 16 of the PHSA were transferred to the Welsh Ministers by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as amended by the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253).

[^c22634821]: 1980 c. 66. Section 10(2)(a)(i) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991. There are other amendments to the Act which are not relevant to this instrument.

[^c22634831]: Presence of established substances.

[^c22634841]: Regulation (EC) No 1272/2008 of the European Parliament and the Council.

[^c22634851]: More guidance on waiving of the test can be found in the A.14 method description, see Commission Regulation (EC) No. 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p. 1).

[^c22634861]: O.J. L 147, 9.6.1975, p. 40.

[^c22634871]: 15.7% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^c22634881]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^c22634891]: O.J. L 304, 21.11.2003, p. 1.

[^c22634901]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^c22634911]: 1985. c. 22.

[^c22634941]: 1965 c. 57; section 1 was substituted by paragraphs 16 and 17 of Schedule 12 to the Energy Act 2013 (c. 32).

[^c22634951]: S.I. 2014/1638. There are amendments to this regulation which are not relevant to these Regulations.

[^c22634971]: S.I. 2012/801 (W. 110).

[^c22635041]: S.I. 2005/2839 (W. 203), to which there have been amendments which are not relevant to this instrument.

[^c22635051]: S.I. 2012/801 (W. 110).

[^key-e3d20c9c1e5521607cf11488bb3cf618]: Sch. 2 para. 11 substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 15(a)(ii) (with reg. 5)

[^key-48a4fa0b2641d8cc3da2eb47ef66d1ab]: Sch. 2 para. 4(b) substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 15(a)(i) (with reg. 5)

[^key-588a7976b6747d7bd26b00417a4ebb12]: Reg. 13A inserted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 6 (with reg. 8)

[^key-98ac02cf58ad5a2fc8a31e66171fff27]: Words in reg. 2(1) inserted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 3 (with reg. 8)

[^key-58f910ffe10dd0c62157a13caa4c6de0]: Reg. 12 substituted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 4 (with reg. 8)

[^key-70bdb4a0c970a546c5e06d7989c54fc9]: Word in reg. 13(3)(c) omitted (5.5.2017) by virtue of The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 5(1)(a) (with reg. 8)

[^key-db6bf4e663ecbddcca5e5287b8553385]: Word in reg. 13(3)(d) substituted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 5(1)(b) (with reg. 8)

[^key-eb9c5f14750f9873ed526f9ab249a8ff]: Reg. 13(3)(e) inserted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 5(1)(c) (with reg. 8)

[^key-29daf758790fae488b2db0b505c221aa]: Words in reg. 13(6) substituted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 5(2) (with reg. 8)

[^key-c01f31723a051b1d043966c89e0f4982]: Reg. 14 revoked (5.5.2017) by The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (S.I. 2017/544), reg. 2(1), Sch. 4 (with regs. 52, 53(2)(3))

[^key-8250b96b1cbde144d43ba3fe4381697e]: Reg. 17(1) omitted (5.5.2017) by virtue of The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 7(1) (with reg. 8)

[^key-e0e7a3d6ef04ee2061eafbc15302bb05]: Reg. 17(2)(3) revoked (5.5.2017) by The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 (S.I. 2017/544), reg. 2(1), Sch. 4 (with regs. 52, 53(2)(3))

[^key-2fa2adf94d0441214195414f2ac60819]: Sch. 4 para. 2(d) inserted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 7(2)(b) (with reg. 8)

[^key-782596c1e202bfe81309a2f76163b724]: Sch. 4 para. 2(b) substituted (5.5.2017) by The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017 (S.I. 2017/547), regs. 1(1), 7(2)(a) (with reg. 8)

[^key-2430555c31b5580200e4ba968ba4385c]: Words in Sch. 1 para. 11(1) inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(2)(b)(i)

[^key-4ceab8b7f4e936fef4d421982d7a6701]: Words in Sch. 1 para. 13(a) inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(2)(b)(ii)

[^key-20cdec5d74bfdecb0ae5f315e95ddd2e]: Words in Sch. 1 para. 14 inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(2)(b)(iii)

[^key-4afb7fe62fdd95a8339d4ac788618fa8]: Words in Sch. 1 para. 16(b) inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(2)(b)(iii)

[^key-6da11eae4274fdee4e41aac69129e086]: Words in Sch. 2 para. 6(a) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(3)

[^key-9ea7a87bd776063416f138e45d046c55]: Words in Sch. 1 Pt. 1 inserted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 18(2)(a)

[^key-84066b07cda96ce34d337787c9aa9023]: Words in reg. 2(1) inserted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 5(2)(b); (as amended by S.I. 2020/1324, regs. 1(2), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)