PART III

CONTAMINATED LAND

Special sites
62
1
If, in a case where a district council has served a remediation notice, the contaminated land in question becomes a special site, the Department may adopt the remediation notice and, if it does so,—
a
it shall give notice of its decision to adopt the remediation notice to the appropriate person and to the district council;
b
the remediation notice shall have effect, as from the time at which the Department decides to adopt it, as a remediation notice given by the Department; and
c
the validity of the remediation notice shall not be affected by—
i
the contaminated land having become a special site;
ii
the adoption of the remediation notice by the Department; or
iii
anything in sub-paragraph (b).
2
Where a district council has, by virtue of Article 60, begun to do any thing, or any series of things, by way of remediation—
a
the council may continue doing that thing, or that series of things, by virtue of that Article, notwithstanding that the contaminated land in question becomes a special site; and
b
Article 61 shall apply in relation to the reasonable cost incurred by the council in doing that thing or those things as if that council were the enforcing authority.
3
If and so long as any land is a special site, the Department may from time to time inspect that land for the purpose of keeping its condition under review.
4
If it appears to the Department that a special site is no longer land which is required to be designated as such a site, the Department may give notice to the district council in whose district the site is situated, terminating the designation of the land in question as a special site as from such date as may be specified in the notice.