The Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) is an act of the Parliament of the United Kingdom that consolidated enactments related to special controls in respect of hazardous substances in Scotland, with amendments to give effect to recommendations of the Scottish Law Commission.
The enactments consolidated by the act were repealed by section 3 of, and schedule 1 to, the Planning (Consequential Provisions) (Scotland) Act 1997.
Provisions The act establishes a regime of hazardous substances consent for Scotland, under which the presence of a hazardous substance on, over or under land at or above a controlled quantity requires the consent of the planning authority. Sections 4 to 10 make provision for obtaining hazardous substances consent, sections 11 to 17 concern variation and revocation of consents, sections 18 to 20 deal with the Secretary of State's powers (including appeals), and sections 21 to 25 address contraventions of hazardous substances control. The Schedule to the act makes provision for the determination of certain appeals by a person appointed by the Secretary of State.
The act consolidated provisions derived principally from the Town and Country Planning (Scotland) Act 1972, as amended by the Housing and Planning Act 1986 and the Planning and Compensation Act 1991. The enactments so consolidated were repealed by section 3 of, and schedule 1 to, the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), which received royal assent on the same day.
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