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The Planning (Hazardous Substances) (Wales) Regulations 2015

The Planning (Hazardous Substances) (Wales) Regulations 2015 s 22

s 22 Consents register

(1) The register required by section 28(1) of the PHSA must be kept in 6 parts— (a) Part 1 must contain details of every application for hazardous substances consent made to the hazardous substances authority and not finally determined; (b) Part 2 must contain, in respect of every application for hazardous substances consent made to the hazardous substances authority— (i) details of the application; (ii) particulars of any direction given under section 20 of the PHSA; (iii) details of the decision (if any) of the authority, including details of any conditions subject to which consent was granted and the date of the decision; and (iv) the reference number, date and effect of any decision of the Welsh Ministers, whether on a reference under section 20 of the PHSA or on an appeal under section 21 of the PHSA; (c) Part 3 must contain details of every order revoking or modifying hazardous substances consent made by the hazardous substance authority and the date and effect of any confirmation by the Welsh Ministers in accordance with section 15 of the PHSA; (d) Part 4 must contain, in respect of every hazardous substances consent deemed to be granted under section 11(3) of the PHSA, details of the claim; (e) Part 5 must contain details of every hazardous substances consent deemed to be granted by virtue of a direction given by the Welsh Ministers or a department of the government of the United Kingdom under section 12 of the PHSA; and (f) Part 6 must contain details of any direction under section 27 of the PHSA sent to the authority by the Welsh Ministers. (2) Where the Welsh Ministers grant hazardous substances consent under section 177 of the TCPA on the determination of an appeal against a hazardous substances contravention notice, the hazardous substances authority for the land covered by the consent must enter the date and effect of that decision in Part 2 of the register. (3) The register must include an index of entries in the register. (4) Every entry in the register must be made within 14 days of the relevant information being available to the hazardous substances authority. (5) The register must be kept at the principal office of the hazardous substances authority. (6) For the purposes of paragraph (1)(a), an application is not to be treated as finally determined unless— (a) it has been decided by the hazardous substances authority and the period specified in regulation 13(1) has expired without any appeal having been made to the Welsh Ministers; (b) it has been referred to the Welsh Ministers under section 20 of the PHSA or an appeal has been made to the Welsh Ministers under section 21 of the PHSA, the Welsh Ministers' decision has been issued and the period of 6 weeks specified in section 22(1) of the PHSA has expired without any application having been made to the High Court under that section; (c) an application has been made to the High Court under section 22 of the PHSA and the matter has been determined, either by final dismissal of the application by a Court or by the quashing of the Welsh Ministers' decision and the issue of a fresh decision (without a further application under section 22 of the PHSA being duly made); or (d) it has been withdrawn by the applicant before being determined; or (e) an appeal under section 21 or an application under section 22 has been withdrawn by the applicant before the Welsh Ministers' decision has been issued. (7) Where this regulation requires details of an application, direction, consent, claim form or notice to be provided in the register, the following must be provided— (a) details of the person in control of the land to which the application, direction, consent, claim form or notice relates, where applicable; and (b) the category in Column 1 of Part 1 of Schedule 1 to these Regulations in which any substance that is the subject of the application, direction, consent, claim form or notice falls.

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