Environmental Protection Act 1990

[F1 [F2 78QA Land no longer considered to be contaminated S

(1) Subsection (2) applies where—

(a) a local authority has given notice under section 78B above that land in its area has been identified as contaminated land;

(b) the land is not designated as a special site by virtue of section 78C(7) or 78D(6) above; and

(c) the local authority is satisfied that the land is no longer contaminated land.

(2) The local authority may give notice (a “non-contamination notice”) that the land is no longer contaminated land to—

(a) the appropriate Agency;

(b) the owner of the land;

(c) any person who appears to the local authority to be in occupation of the land;

(d) each person who appears to the authority to be an appropriate person.

(3) Where a non-contamination notice is given in respect of land—

(a) the notice mentioned in subsection (1) above ceases to have effect (and accordingly the land is no longer identified as contaminated land for the purposes of this Part);

(b) no remediation notice may be served in respect of the land;

(c) any remediation notice in force in respect of the land at the time the non-contamination notice is given ceases to have effect (except to the extent that the non-contamination notice provides otherwise); and

(d) no proceedings may be begun against a person for an offence under section 78M(1) above in respect of such a remediation notice except in relation to a provision of the notice which continues to have effect by virtue of paragraph (c) above.

(4) A non-contamination notice shall not prevent the land, or any of the land, to which the notice relates being identified as contaminated land on a subsequent occasion.

(5) Where land, or any of the land, to which a non-contamination notice relates is subsequently identified as contaminated land, or is subsequently designated as a special site by virtue of section 78C(7) or 78D(6), subsection (3)(b) above does not prevent a remediation notice being served in respect of the land.

(6) Where a local authority gives a non-contamination notice, it must keep (in such form as it thinks fit) a record of—

(a) details of the land to which the notice relates;

(b) its reasons for giving the notice; and

(c) the date of—

(i) the notice mentioned in subsection (1) above;

(ii) service of the non-contamination notice.

(7) Subsection (8) of section 78R below applies to records kept under subsection (6) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.

(8) In performing its function under subsection (2) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.

(9) In this section, references to land in respect of which a non-contamination notice is given include references to part of that land.]]

Textual Amendments

F1 Pt. 2A (ss. 78A-78YC) inserted (in force at 21.9.1995 for certain purposes only, at 1.4.2000 for E. in so far as not already in force, at 14.7.2000 for S. for certain purposes and otherwise 14.7.2000) by 1995 c. 25, s. 57, (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a)(2); S.I. 2000/1986, art. 2

F2 S. 78QA inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 45(3), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

Modifications etc. (not altering text)

C1 Pt. IIA (ss. 78A-78YC) extended (with modifications) (S.) (1.4.2007 for certain purposes, otherwise 30.10.2007) by The Radioactive Contaminated Land (Scotland) Regulations (S.S.I. 2007/179), regs. 1(1)(2), {2-15} (as amended (10.12.2007) by S.I. 2007/3240, reg. 3 (with reg. 2) whic is itself amended (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 11 (with art. 40); (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 8 (with reg. 3))