Search Legislation

Water Act 2003

Status:

This is the original version (as it was originally enacted).

86Contaminated land: pollution of controlled waters

This section has no associated Explanatory Notes

(1)The Environmental Protection Act 1990 (c. 43) is amended as follows.

(2)In section 78A (which contains provisions for the interpretation of Part 2A of the 1990 Act, relating to contaminated land)—

(a)for subsection (2)(b) there is substituted—

(b)significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;,

(b)in subsection (5)—

(i)in paragraph (a), after “harm” there is inserted “or pollution of controlled waters”,

(ii)in paragraph (b), after “harm” there is inserted “or of significant pollution of controlled waters”, and

(iii)paragraph (c) is omitted,

(c)in subsection (6)—

(i)in paragraph (a), after “systems” there is inserted “, or of poisonous, noxious or polluting matter or solid waste matter”,

(ii)in paragraph (b), after “places” there is inserted “or controlled waters, or different degrees of pollution”, and

(iii)after “significant harm” there is inserted “or of significant pollution”,

(d)in subsection (7)(b)(i), before “pollution” there is inserted “significant”,

(e)in subsection (8), for the words from “pollution” to the end there is substituted “significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused”, and

(f)in subsection (9), in paragraph (a) of the definition of “controlled waters”, after “1991” there is inserted “except that “ground waters” does not include waters contained in underground strata but above the saturation zone”.

(3)In section 78C (identification and designation of special sites), in subsection (10)—

(a)in paragraph (a)(ii), for “be, or would be likely to be, caused” there is substituted “or might be caused”, and

(b)in paragraph (b), before “pollution” there is inserted “significant”.

(4)In section 78E (duty of enforcing authority to require remediation of contaminated land), in subsection (4)(b), after “or” there is inserted “of the”.

(5)In section 78K (liability in respect of contaminating substances which escape to other land), in each of subsections (3) and (4), for the words from “is being caused” to “likely to be caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”.

(6)In section 78X (supplementary provisions relating to contaminated land)—

(a)in subsection (1)—

(i)for paragraph (b) there is substituted—

(b)significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused,, and

(ii)for the words from “is being caused, or” to “likely to be caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”, and

(b)in subsection (2), for the words from “is being caused” to “likely to be, caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”.

(7)In section 78YB (interaction of Part 2A of the Environmental Protection Act 1990 (c. 43) with other enactments), in each of subsections (1)(b) and (2), before “pollution” there is inserted “significant”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources