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Regulatory Reform (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

45Contaminated land and special sites

(1)The Environmental Protection Act 1990 is amended as follows.

(2)In section 78F (determination of appropriate person to bear responsibility for remediation), after subsection (5) insert—

(5A)But where the contaminated land is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres, the Crown is not an appropriate person under subsection (4) or (5) for the purposes of this Part..

(3)After section 78Q insert—

78QALand no longer considered to be contaminated

(1)Subsection (2) applies where—

(a)a local authority has given notice under section 78B above that land in its area has been identified as contaminated land;

(b)the land is not designated as a special site by virtue of section 78C(7) or 78D(6) above; and

(c)the local authority is satisfied that the land is no longer contaminated land.

(2)The local authority may give notice (a “non-contamination notice”) that the land is no longer contaminated land to—

(a)the appropriate Agency;

(b)the owner of the land;

(c)any person who appears to the local authority to be in occupation of the land;

(d)each person who appears to the authority to be an appropriate person.

(3)Where a non-contamination notice is given in respect of land—

(a)the notice mentioned in subsection (1) above ceases to have effect (and accordingly the land is no longer identified as contaminated land for the purposes of this Part);

(b)no remediation notice may be served in respect of the land;

(c)any remediation notice in force in respect of the land at the time the non-contamination notice is given ceases to have effect (except to the extent that the non-contamination notice provides otherwise); and

(d)no proceedings may be begun against a person for an offence under section 78M(1) above in respect of such a remediation notice except in relation to a provision of the notice which continues to have effect by virtue of paragraph (c) above.

(4)A non-contamination notice shall not prevent the land, or any of the land, to which the notice relates being identified as contaminated land on a subsequent occasion.

(5)Where land, or any of the land, to which a non-contamination notice relates is subsequently identified as contaminated land, or is subsequently designated as a special site by virtue of section 78C(7) or 78D(6), subsection (3)(b) above does not prevent a remediation notice being served in respect of the land.

(6)Where a local authority gives a non-contamination notice, it must keep (in such form as it thinks fit) a record of—

(a)details of the land to which the notice relates;

(b)its reasons for giving the notice; and

(c)the date of—

(i)the notice mentioned in subsection (1) above;

(ii)service of the non-contamination notice.

(7)Subsection (8) of section 78R below applies to records kept under subsection (6) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.

(8)In performing its function under subsection (2) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.

(9)In this section, references to land in respect of which a non-contamination notice is given include references to part of that land..

(4)After section 78T insert—

78TARegisters: removal of information about land designated as special site

(1)Subsection (2) applies where a local authority has entered in a register maintained under section 78R above particulars of or relating to notices mentioned in paragraph (e) or (f) of subsection (1) of that section.

(2)The local authority may remove the particulars from the register.

(3)Particulars may be removed under subsection (2) above only if—

(a)the Scottish Environment Protection Agency has given the local authority a notice under section 78Q(4) above that the land to which the notices relate is no longer land which is required to be designated as a special site; and

(b)the date specified in the notice given under that section has passed.

(4)Where a local authority removes particulars from a register under subsection (2) above, it must keep (in such form as it thinks fit) a record of—

(a)the particulars that have been removed;

(b)its reasons for removing them; and

(c)the date on which the particulars—

(i)were originally entered in the register; and

(ii)were removed.

(5)Subsection (8) of section 78R above applies to records kept under subsection (4) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.

(6)In performing its functions under subsection (4) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.

(7)Where a local authority removes particulars from a register under subsection (2) above, it must give notice of such removal to—

(a)the Scottish Environment Protection Agency;

(b)any person who is the owner of land designated as a special site by a notice to which the particulars relate;

(c)any person who appears to the local authority to be in occupation of the whole or any part of that land;

(d)each person—

(i)who appears to the Scottish Environment Protection Agency to be an appropriate person in relation to that land; and

(ii)in respect of whom details have been given by the Scottish Environment Protection Agency to the local authority sufficient to enable notice of such removal to be given; and

(e)each person who appears to the local authority to be an appropriate person in relation to that land.

78TBEffect of removal of information from register

(1)Where a local authority removes particulars from a register under section 78TA(2) above—

(a)any remediation notice relating to the land ceases to have effect; and

(b)no proceedings may be begun against a person for an offence under section 78M(1) above in respect of any remediation notice relating to the land.

(2)In subsection (1), “the land” means land designated as a special site by a notice to which the particulars mentioned in that subsection relate..

(5)In section 78X (supplementary provisions), in subsection (4), after paragraph (f) insert—

(g)in relation to property and rights that have vested as bona vacantia in the Crown, or that have fallen to the Crown as ultimus haeres, the Queen’s and Lord Treasurer’s Remembrancer..

(6)In section 78YA (supplementary provisions with respect to guidance by the Scottish Ministers), in subsection (4A), after “draft” where it second occurs insert “, and a draft of any guidance referred to in section 78QA(8) or section 78TA(6) above,”.

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