DCAN 12: Planning Control for Hazardous Substances
84. Article 62 of the 1991 Order enables the Department to override hazardous substances control in cases of emergency. Where it is considered necessary for the provision of essential services or commodities for a hazardous substance to be present on, over or under land - in circumstances where consent would be required – the Department may make a direction that the presence of that substance does not constitute a contravention of hazardous substances control. Such a direction, which may be subject to conditions or exceptions, will be valid for a maximum of three months but may be withdrawn at any time, or renewed. The HSENI, Environment and Heritage Service and District Council will normally be consulted before these powers are used.