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The Radioactive Contaminated Land (Modification of Enactments)(England) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1379
- Regulation 13
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Section 78K (liability in respect of contaminating substances which escape to other land)E+W+S
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13.—(1) Section 78K (liability in respect of contaminating substances which escape to other land) has effect with the following modifications.
(2) For subsection (3), substitute—
“(3) Where this subsection applies, no remediation notice shall require a person—
(a)who is the owner or occupier of land A, and
(b)who has not caused or knowingly permitted the substances in question to be in, on or under that land,
to do anything by way of remediation to any land (other than land of which he is the owner or occupier) in consequence of land A appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that harm is being caused, or there is a significant possibility of harm being caused.”.
(3) For subsection (4), substitute—
“(4) Where this subsection applies, no remediation notice shall require a person—
(a)who is the owner or occupier of land A, and
(b)who has not caused or knowingly permitted the substances in question to be in, on or under that land,
to do anything by way of remediation in consequence of any further land in, on or under which those substances or any of them appear to be or to have been present as a result of their escape from land A (“land B”) appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that harm is being caused, or there is a significant possibility of such harm being caused, unless he is also the owner or occupier of land B.”.
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