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The Waste and Contaminated Land (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Identification of contaminated land

50.—(1) Every district council shall cause its district to be inspected for the purpose—

(a)of identifying contaminated land; and

(b)of enabling the council to decide whether any such land is land which is required to be designated as a special site.

(2) In performing its functions under paragraph (1) a district council shall act in accordance with any guidance issued for the purpose by the Department in accordance with Article 69.

(3) If a district council identifies any contaminated land in its district, it shall give notice of that fact to—

(a)the Department;

(b)the owner of the land;

(c)on who appears to the council to be in occupation of the whole or any part of the land; and

(d)each person who appears to the council to be an appropriate person;

and any notice given under this paragraph shall state by virtue of which sub-paragraph (a) to (d) it is given.

(4) If, at any time after a district council has given any person a notice under paragraph (3)(d) in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person—

(a)of the fact that the district council has identified the land in question as contaminated land; and

(b)that he appears to the enforcing authority to be an appropriate person.

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