Part 3Miscellaneous
Contaminated land
I786Contaminated land: pollution of controlled waters
I1I3I5I61
The Environmental Protection Act 1990 (c. 43) is amended as follows.
2
In section 78A (which contains provisions for the interpretation of Part 2A of the 1990 Act, relating to contaminated land)—
I5I6a
for subsection (2)(b) there is substituted—
b
significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;
I5I6b
in subsection (5)—
i
in paragraph (a), after “harm” there is inserted “
or pollution of controlled waters
”
,
ii
in paragraph (b), after “harm” there is inserted “
or of significant pollution of controlled waters
”
, and
iii
paragraph (c) is omitted,
I5I6c
in subsection (6)—
i
in paragraph (a), after “systems” there is inserted “
, or of poisonous, noxious or polluting matter or solid waste matter
”
,
ii
in paragraph (b), after “places” there is inserted “
or controlled waters, or different degrees of pollution
”
, and
iii
after “significant harm” there is inserted “
or of significant pollution
”
,
I5I63
In section 78C (identification and designation of special sites), in subsection (10)—
a
in paragraph (a)(ii), for “be, or would be likely to be, caused” there is substituted “
or might be caused
”
, and
b
in paragraph (b), before “pollution” there is inserted “
significant
”
.
I5I64
In section 78E (duty of enforcing authority to require remediation of contaminated land), in subsection (4)(b), after “or” there is inserted “
of the
”
.
I5I65
In section 78K (liability in respect of contaminating substances which escape to other land), in each of subsections (3) and (4), for the words from “is being caused” to “likely to be caused” there is substituted “
, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused
”
.
I5I66
In section 78X (supplementary provisions relating to contaminated land)—
a
in subsection (1)—
i
for paragraph (b) there is substituted—
b
significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused,
ii
for the words from “is being caused, or” to “likely to be caused” there is substituted “
, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused
”
, and
b
in subsection (2), for the words from “is being caused” to “likely to be, caused” there is substituted “
, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused
”
.
I5I67
In section 78YB (interaction of Part 2A of the Environmental Protection Act 1990 (c. 43) with other enactments), in each of subsections (1)(b) and (2), before “pollution” there is inserted “
significant
”
.