1145Land “in a contaminated state”

1

For the purposes of this Part land is in a contaminated state if (and only if), because of something in, on or under the land, the land is in a condition such that—

a

relevant harm is being caused, or

b

there is a serious possibility that relevant harm will be caused.

2

But land is not in a contaminated state by reason of the presence in, on or under it of—

a

living organisms or decaying matter deriving from living organisms, air or water, or

b

anything present otherwise than as a result of industrial activity.

3

The Treasury may by order specify circumstances in which subsection (2) is not to apply to the extent specified in the order; and an order under this subsection may contain incidental, supplemental, consequential and transitional provision and savings.

4

In this section “relevant harm” means—

a

death of living organisms or significant injury or damage to living organisms,

b

significant pollution of controlled waters,

c

a significant adverse impact on the ecosystem, or

d

structural or other significant damage to buildings or other structures or interference with buildings or other structures that significantly compromises their use.

1145ALand “in a derelict state”

For the purposes of this Part land is in a derelict state if (and only if) the land—

a

is not in productive use, and

b

cannot be put into productive use without the removal of buildings or other structures.

1145BExclusion of nuclear sites

1

A nuclear site is not land in a contaminated state or land in a derelict state for the purposes of this Part.

2

“Nuclear site” means—

a

any site in respect of which a nuclear site licence is for the time being in force, or

b

any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end.

3

In subsection (2) “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965.