Sch 2 para 12 Presence of established substances
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.