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Clean Neighbourhoods and Environment Act 2005
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- UK Public General Acts
- 2005 c. 16
- Part 9
- Pollution
- Section 104
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Changes over time for: Section 104
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Clean Neighbourhoods and Environment Act 2005, Section 104 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders yet to be applied to the Clean Neighbourhoods and Environment Act 2005
Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/120 art. 3 Amendment to earlier commencing S.I. 2006/2797
104Contaminated land: appeals against remediation noticesE+W
This section has no associated Explanatory Notes
(1)Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against remediation notices) is amended as follows.
(2)In subsection (1), for paragraphs (a) and (b) substitute—
“(a)if it was served by a local authority in England, or served by the Environment Agency in relation to land in England, to the Secretary of State;
(b)if it was served by a local authority in Wales, or served by the Environment Agency in relation to land in Wales, to the National Assembly for Wales;”.
(3)In that subsection, for the words from “means” to the end substitute “ the Secretary of State or the National Assembly for Wales, as the case may be ”.
(4)In subsection (4)—
(a)omit paragraph (b);
(b)in paragraph (c), omit the words from “or on” to the end.
(5)In subsection (6), omit the words “so far as relating to appeals to the Secretary of State”.
(6)This section does not have effect in relation to a remediation notice served under Part 2A of the Environmental Protection Act 1990 before the commencement of this section.
(7)The power of the Secretary of State and National Assembly for Wales under section 114 of the Environment Act 1995 (c. 25) in relation to appeals under section 78L of the Environmental Protection Act 1990 extends to appeals under that section as amended by this section.
Commencement Information
I1S. 104 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3
I2S. 104 in force at 4.8.2006 for specified purposes for E. by S.I. 2006/1361, art. 2
I3S. 104 in force at 10.12.2006 (being the day on which S.I. 2006/2989 came into force) for W. in so far as not already in force by S.I. 2006/768, art. 4(a)
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