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(1) These Regulations may be cited as the Planning (Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 22nd October 2010.
(2) In these Regulations—
 “the 1991 Order” means the Planning (Northern Ireland) Order 1991;
 “the Hazardous Substances Regulations” means the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993.
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(1) The Hazardous Substances Regulations are amended as follows.
(2) In the table in Part A (named substances) of Schedule 3 omit the entry in column 3 for the item “1. Ammonium nitrate to which Note 1 of the notes to this Part applies”.
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(1) No offence is committed under Article 61 of the 1991 Order (offences) before 22nd April 2011 and no hazardous substances contravention notice may be issued before that date in relation to a hazardous substance which is on, over or under any land, where—
(a) the presence of the substance on, over or under that land during the period beginning on 22nd October 2010 and ending on 21st April 2011 would not have required hazardous substances consent in terms of the Hazardous Substances Regulations as they were in effect immediately before the coming into operation of these Regulations; and
(b) the substance is not present during the period beginning 22nd October 2010 and ending on 21st April 2011 in a quantity greater in aggregate than the established quantity; and
(c) ammonium nitrate was present on, over or under that land at any time during the period beginning on 31st December 2009 and ending on 21st October 2010 without hazardous substances consent being required.
(2) In paragraph (1) “the established quantity”, in relation to any land, means the maximum quantity which was present on, over or under the land at any one time within the period beginning on 31st December 2009 and ending on 21st October 2010.
Sealed with the Official Seal of the Department of the Environment on 22nd September 2010
Maggie Smith
A senior officer of the
Department of the Environment
