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 ”,

I5I6d

in subsection (7)(b)(i), before “pollution” there is inserted “ significant ”,

I5I6e

in subsection (8), for the words from “pollution” to the end there is substituted “ significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused ”, and

I2I4f

in subsection (9), in paragraph (a) of the definition of “controlled waters”, after “1991” there is inserted “ except that “ground waters” does not include waters contained in underground strata but above the saturation zone ”.

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 ”.