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(1)For the purposes of this Part land is in a contaminated state if (and only if) it is in such a condition, because of substances in, on or under the land, that—
(a)harm is being caused or there is the possibility of harm being caused, or
(b)pollution of controlled waters is being, or is likely to be, caused.
(2)For the purposes of this Part a nuclear site is not land in a contaminated state.
(3)“Nuclear site” means—
(a)any site in respect of which a nuclear site licence is for the time being in force, or
(b)any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end.
(4)In subsection (3) “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965 (c. 57).
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