Finance Act 1996

F1 [43A Contaminated land. E+W

(1) A disposal is not a taxable disposal for the purposes of this Part if it is a disposal within subsection (2) below.

(2) A disposal is within this subsection if —

(a) it is of material all of which has been removed from land in relation to which a certificate issued under section 43B below was in force at the time of the removal;

(b) none of that material has been removed from a part of the land in relation to which, as at the time of the removal, the qualifying period has expired;

(c) it is a disposal in relation to which any conditions to which the certificate was made subject are satisfied; and

(d) it is not a disposal within subsection (4) below.

(3) For the purpose of subsection (2)(b) above the qualifying period expires, in relation to the part of the land in question —

(a) in the case of a reclamation which qualified under section 43B(7)(a) below, where the object involves the construction of —

(i) a building; or

(ii) a civil engineering work,

when the construction commences;

(b) in any other case of a reclamation which qualified under section 43B(7)(a) below, when pollutants have been cleared to the extent that they no longer prevent the object from being fulfilled; or

(c) in the case of a reclamation which qualified under section 43B(7)(b) below, when pollutants have been cleared to the extent that the potential for harm has been removed.

(4) Subject to subsection (5) below, a disposal is within this subsection if it is of material the removal of any of which is required in order to comply with —

(a) a works notice served under section 46A of the Control of Pollution Act 1974; F2 ;

(b) an enforcement notice served under section 13 of the Environmental Protection Act 1990; F3

(c) a prohibition notice served under section 14 of the Environmental Protection Act 1990;

(d) an order under section 26 of the Environmental Protection Act 1990;

(e) a remediation notice served under section 78E of the Environmental Protection Act 1990 F4 ,

(f) an enforcement notice served under section 90B of the Water Resources Act 1991; F5 . . .

(g) a works notice served under section 161A of the Water Resources Act 1991. F6

[F7 (h) an enforcement notice served under regulation 24 of the Pollution Prevention and Control (England and Wales) Regulations 2000;

(j) a suspension notice served under regulation 25 of those Regulations; or

(k) an order under regulation 35 of those Regulations.]]

(5) A disposal shall not be regarded as falling within subsection (4) above where the removal of the material has been carried out by or on behalf of any of the following bodies:

(a) a local authority;

(b) a development corporation;

(c) the Environment Agency;

(d) the Scottish Environment Protection Agency;

(e) English Partnerships;

(f) Scottish Enterprise;

(g) Highlands and Islands Enterprise;

F8 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section —

• “development corporation” means —

  (a)

  in England and Wales, a corporation established under section 135 of the Local Government, Planning and Land Act 1980; F9

  (b)

  in Scotland, a corporation established under section 2 of the New Towns (Scotland) Act 1968; F10

• “English Partnerships” means the Urban Regeneration Agency established by section 158 of the Leasehold Reform, Housing and Urban Development Act 1993; F11

• “Highlands and Islands Enterprise” means the body established by section 1(b) of the Enterprise and New Towns (Scotland) Act 1990; F12

• “land” includes land covered by water;

• “Scottish Enterprise” means the corporation established by section 1(a) of the Enterprise and New Towns (Scotland) Act 1990; F13

• F14 ...

(7) For the purposes of this section —

(a) the removal of material includes its removal from one part of the land for disposal on another part of the same land;

(b) the clearing of pollutants includes their being cleared from one part of the land for disposal on another part of the same land.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F1 Ss. 43A, 43B inserted (1.10.1996 with effect as mentioned in 1996 c. 8, s. 57) by S.I. 1996/1529, art. 3

F2 1974 c.40; section 46A was inserted by section 120 of, and Schedule 22 to, the Environment Act 1995 (c.25).

F3 1990 c.43.

F4 1990 c.43; section 78E was inserted by section 57 of the Environment Act 1995.

F5 Word in s. 43A(4)(f) omitted (1.8.2000) by virtue of S.I. 2000/1973, reg. 39, Sch. 10 para. 21(a)

F6 1991 c.57; section 161A was inserted by section 120 of, and Schedule 22 to, the Environment Act 1995.

F7 S. 43A(4)(h)(j)(k) inserted (1.8.2000) by virtue of S.I. 2000/1973, reg. 39, Sch. 10 para. 21(b)

F8 Words in s. 43A(5)(h) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 Pt. 1 para. 10(1) (with art. 3(1))

F9 1980 c.65.

F10 1968 c.16.

F11 1993 c.28.

F12 1990 c.35.

F13 1990 c.35.

F14 Words in s. 43A(6) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 Pt. 1 para. 10(2) (with art. 3(1))

F15 [43A Contaminated land. S+N.I.

(1) A disposal is not a taxable disposal for the purposes of this Part if it is a disposal within subsection (2) below.

(2) A disposal is within this subsection if —

(a) it is of material all of which has been removed from land in relation to which a certificate issued under section 43B below was in force at the time of the removal;

(b) none of that material has been removed from a part of the land in relation to which, as at the time of the removal, the qualifying period has expired;

(c) it is a disposal in relation to which any conditions to which the certificate was made subject are satisfied; and

(d) it is not a disposal within subsection (4) below.

(3) For the purpose of subsection (2)(b) above the qualifying period expires, in relation to the part of the land in question —

(a) in the case of a reclamation which qualified under section 43B(7)(a) below, where the object involves the construction of —

(i) a building; or

(ii) a civil engineering work,

when the construction commences;

(b) in any other case of a reclamation which qualified under section 43B(7)(a) below, when pollutants have been cleared to the extent that they no longer prevent the object from being fulfilled; or

(c) in the case of a reclamation which qualified under section 43B(7)(b) below, when pollutants have been cleared to the extent that the potential for harm has been removed.

(4) Subject to subsection (5) below, a disposal is within this subsection if it is of material the removal of any of which is required in order to comply with —

(a) a works notice served under section 46A of the Control of Pollution Act 1974; F16 ;

(b) an enforcement notice served under section 13 of the Environmental Protection Act 1990; F17

(c) a prohibition notice served under section 14 of the Environmental Protection Act 1990;

(d) an order under section 26 of the Environmental Protection Act 1990;

(e) a remediation notice served under section 78E of the Environmental Protection Act 1990 F18 ,

(f) an enforcement notice served under section 90B of the Water Resources Act 1991; F19 . . .

(g) a works notice served under section 161A of the Water Resources Act 1991. F20

[F21 (h) an enforcement notice served under regulation 19 of the Pollution Prevention and Control (Scotland) Regulations 2000;

(j) a suspension notice served under regulation 20 of those Regulations; [F22 or]

(k) an order under regulation 33 of those Regulations][F23 ; or

(l) a notice served under regulation 28(2) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005.]]

(5) A disposal shall not be regarded as falling within subsection (4) above where the removal of the material has been carried out by or on behalf of any of the following bodies:

(a) a local authority;

(b) a development corporation;

(c) the Environment Agency;

(d) the Scottish Environment Protection Agency;

(e) English Partnerships;

(f) Scottish Enterprise;

(g) Highlands and Islands Enterprise;

F8 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section —

• “development corporation” means —

  (a)

  in England and Wales, a corporation established under section 135 of the Local Government, Planning and Land Act 1980; F24

  (b)

  in Scotland, a corporation established under section 2 of the New Towns (Scotland) Act 1968; F25

• “English Partnerships” means the Urban Regeneration Agency established by section 158 of the Leasehold Reform, Housing and Urban Development Act 1993; F26

• “Highlands and Islands Enterprise” means the body established by section 1(b) of the Enterprise and New Towns (Scotland) Act 1990; F27

• “land” includes land covered by water;

• “Scottish Enterprise” means the corporation established by section 1(a) of the Enterprise and New Towns (Scotland) Act 1990; F28

• F14 ...

(7) For the purposes of this section —

(a) the removal of material includes its removal from one part of the land for disposal on another part of the same land;

(b) the clearing of pollutants includes their being cleared from one part of the land for disposal on another part of the same land.

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F8 Words in s. 43A(5)(h) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 Pt. 1 para. 10(1) (with art. 3(1))

F14 Words in s. 43A(6) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 Pt. 1 para. 10(2) (with art. 3(1))

F15 Ss. 43A, 43B inserted (1.8.1996) by S.I. 1996/1529, art. 3

F16 1974 c.40; section 46A was inserted by section 120 of, and Schedule 22 to, the Environment Act 1995 (c.25).

F17 1990 c.43.

F18 1990 c.43; section 78E was inserted by section 57 of the Environment Act 1995.

F19 Word in s. 43A(4)(f) omitted (S.) (28.9.2000) by virtue of S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 6(2)(a)

F20 1991 c.57; section 161A was inserted by section 120 of, and Schedule 22 to, the Environment Act 1995.

F21 S. 43A(4)(h)(j)(k) inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 6(2)(b)

F22 Word in s. 43A(4) omitted (S.) (1.4.2006) by virtue of The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 2(a)

F23 S. 43A(4)(l) and word inserted (S.) (1.4.2006) by The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 2(b)

F24 1980 c.65.

F25 1968 c.16.

F26 1993 c.28.

F27 1990 c.35.

F28 1990 c.35.