2016 No. 99
The Water Environment (Amendment of Part IIA of the Environmental Protection Act 1990: Contaminated Land) (Scotland) Regulations 2016
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20 and 36(2) and (3) of the Water Environment and Water Services (Scotland) Act 20031 and all other powers enabling them to do so.
They have consulted in accordance with section 21(1) of that Act.
In accordance with section 36(6) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Water Environment (Amendment of Part IIA of the Environmental Protection Act 1990: Contaminated Land) (Scotland) Regulations 2016 and come into force on 8th March 2016.
Amendment of section 78YB of the Environmental Protection Act 19902
For subsection (1A) of section 78YB of the Environmental Protection Act 1990 (interaction of Part IIA with other enactments)3 substitute—
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 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 the Water Environment (Controlled Activities) (Scotland) Regulations 20114 (“the Regulations”) apply; and
b
one or more of the following sub-paragraphs apply—
i
the activity is authorised under the Regulations;
ii
the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, a notice under regulation 32(2) (enforcement notices) of the Regulations requiring steps to be taken to prevent, mitigate or remedy the harm or pollution in question; or
iii
the Scottish Environment Protection Agency has taken, is taking, or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm or pollution in question (or has secured, is securing, or has advised the enforcing authority that it intends to secure, the taking of such steps) under regulation 33(1) (power of SEPA to carry out works) of the Regulations.
(This note is not part of the Regulations)