(This note is not part of the Regulations)
These Regulations make provision in respect of Scotland for certain aspects of a new scheme under Part IIA of the Environmental Protection Act 1990 (“the 1990 Act”) for the remediation of contaminated land.
Regulations 2 and 3, and Schedule 1, identify those sites (known as “special sites”) for which the Scottish Environment Protection Agency (“SEPA”) is to be the authority responsible for enforcing the scheme. Local authorities are responsible for enforcing the scheme in the case of any other type of site.
Regulations 4 and 5, and Schedule 2, provide for the content and service of copies of “remediation notices”, that is, notices served by a local authority or SEPA specifying what is to be done by way of remediation and the time within which action must be taken.
Regulation 6, and Schedule 3, make provision for the compensation which is to be paid in accordance with section 78G(5) of the 1990 Act to a person who grants, or joins in granting, rights of entry etc. required to enable a person to comply with a remediation notice.
Regulations 7 to 13 make provision with respect to appeals against remediation notices, including the grounds of appeal and the procedure to be followed.
Regulation 14, and Schedule 4, prescribe the particulars of matters which are required under section 78R of the 1990 Act to be placed on a register maintained by local authorities or, in the case of special sites, by SEPA.
A regulatory impact assessment of the effect of these Regulations has been prepared and a copy may be obtained from the Environment Protection Unit, The Scottish Executive, 1 J, Victoria Quay, Edinburgh EH6 6QQ.