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Environmental Protection Act 1990

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Commencement Orders bringing legislation that affects this Act into force:

F278YB Interaction of this Part with other enactments.E+W

[F3(1)This Part shall not apply if and to the extent that—

(a)any significant harm, or pollution of controlled waters, by reason of which land would otherwise fall to be regarded as contaminated, is attributable to the operation of a regulated facility; and

(b)enforcement action may be taken in relation to that harm or pollution.]

(3)If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit.

(4)No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of [F4an environmental permit] or, in relation to Scotland, in pursuance of a consent given under Part II of the M1Control of Pollution Act 1974.

[F5(5)In this section—

  • enforcement action” means action under regulation 36, 37 or 42 of [F6the Environmental Permitting (England and Wales) Regulations 2010];

  • regulated facility” has the meaning given in regulation 8 of those Regulations.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F2Pt. IIA (ss. 78A-78YC) inserted (in force at 21.9.1995 for certain purposes only, at 1.4.2000 for E. insofar as not already in force, at 14.7.2000 for S. for certain purposes and otherwise 14.7.2000) by 1995 c. 25, s. 57 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a)(2); S.I. 2000/1986, art. 2

F6S. 78YB(5): words in definition of "enforcement action" substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(10)(b) (with Sch. 4)

Marginal Citations

F278YB Interaction of this Part with other enactments.S

(1)A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to—

(a)the significant harm (if any), and

(b)the [F7significant pollution of the water environment] (if any),

by reason of which the contaminated land in question is such land.

[F8(1A)A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that–

(a)the significant harm (if any); and

(b)the significant pollution of the water environment (if any),

by reason of which the contaminated land in question is such land, is as a result of an activity to which–

(a)the Water Environment (Controlled Activities)(Scotland) Regulations 2005 apply; and

(b)enforcement action may be taken in relation to that activity.]

(2)Nothing in this Part shall apply in relation to any land in respect of which there is for the time being in force a site licence under Part II above, except to the extent that any significant harm, or [F9significant pollution of the water environment], by reason of which that land would otherwise fall to be regarded as contaminated land is attributable to causes other than—

(a)breach of the conditions of the licence; or

(b)the carrying on, in accordance with the conditions of the licence, of any activity authorised by the licence.

[F10(2A)This Part shall not apply if and to the extent that–

(a)any significant harm, or pollution of [F11the water environment], by reason of which the land would otherwise fall to be regarded as contaminated, is attributable to the final disposal by deposit in or on land of controlled waste); and

(b)enforcement action may be taken in relation to that activity.

(2B)A remediation notice shall not be served in respect of contaminated land if and to the extent that–

(a)the significant harm, or pollution of [F11the water environment], by reason of which the contaminated land is such land is attributable to an activity (other than the final disposal by deposit in or on land of controlled waste); and

(b)enforcement action may be taken in relation to that activity.

(2C)In subsections (2A) and (2B) above–

  • “controlled waste” has the meaning given in section 75(4) of this Act;

  • “enforcement action” means action under regulation 19 (enforcement notices) or regulation 21(2) (power of the Scottish Environment Protection Agency to remedy pollution) of the Pollution Prevention and Control (Scotland) Regulations 2000.]

(3)If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit.

(4)No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of a consent given under Chapter II of Part III of the M2Water Resources Act 1991 (pollution offences) or, in relation to Scotland, in pursuance of a consent given under Part II of the M1Control of Pollution Act 1974.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F2Pt. IIA (ss. 78A-78YC) inserted (in force at 21.9.1995 for certain purposes only, at 1.4.2000 for E. insofar as not already in force, at 14.7.2000 for S. for certain purposes and otherwise 14.7.2000) by 1995 c. 25, s. 57 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a)(2); S.I. 2000/1986, art. 2

Marginal Citations

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