SCHEDULE 3Remediation

PART 2Remediation of Damage to Land

Remediation of damage to land9

1

This Part applies in relation to damage to land.

2

The remediation must ensure, as a minimum, that the relevant contaminants are removed, controlled, contained or diminished so that the land, taking account of its lawful current use or any planning permission in existence at the time of the damage, no longer poses any significant risk of adverse effects on human health.

3

The presence of such risks must be assessed through risk-assessment procedures taking into account the characteristic and function of the soil, the type and concentration of the harmful substances, preparations, organisms or micro-organisms, their risk and the possibility of their dispersal.

4

Natural recovery is a permitted form of remediation in appropriate cases.