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The Radioactive Contaminated Land (Scotland) Regulations 2007

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Section 78E

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8.  In section 78E of the 1990 Act (duty of enforcing authority to require remediation of contaminated land etc.)–

(a)in subsection (1), in paragraph (a), after “section” insert “78BC(4),”;

(b)for subsection (4), substitute–

(4) Subject to subsection (4A) below, the only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are things which it considers reasonable, having regard to–

(a)the cost which is likely to be involved; and

(b)the seriousness of the harm or the pollution of the water environment in question.

(4A) Where remediation includes an intervention, that part of the remediation which consists of an intervention may only be considered reasonable–

(a)where the reduction in detriment due to radiation is sufficient to justify any adverse effects and costs, including social costs, of the intervention; and

(b)where the form, scale and duration of the intervention is optimised.

(4B) For the purpose of subsection (4A) above, the form, scale and duration of the intervention shall be taken to be optimised if the benefit of the reduction in health detriment less the detriment associated with the intervention is maximised.; and

(c)in subsection (5), in paragraph (c), after “(4)” insert “or (4A)”.

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