F1Part IIA Contaminated Land

78YB Interaction of this Part with other enactments.

F2(1)

This Part shall not apply if and to the extent that—

(a)

any significant harm, or pollution of controlled waters, by reason of which land would otherwise fall to be regarded as contaminated, is attributable to the operation of a regulated facility; and

(b)

enforcement action may be taken in relation to that harm or F3significant pollution.

(3)

If, in a case falling within subsection (1) or (7) of section 59 F4, section 59ZA(1), 59ZB(1) or (8) or 59ZC(1) above, the land in question is contaminated land, or becomes such land by reason of the deposit F5, keeping or disposal of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit F5, keeping or disposal, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under F6section 59, 59ZA, 59ZB or 59ZC (as the case may be) may be exercised in relation to that waste or the consequences of its deposit F5, keeping or disposal.

(4)

No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of F7an environmental permit or, in relation to Scotland, in pursuance of a consent given under Part II of the M1Control of Pollution Act 1974.

F8(5)

In this section—

“enforcement action” means action under regulation 36, 37 or 42 of F9the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ;

“regulated facility” has the meaning given in regulation 8 of those Regulations.

78YB Interaction of this Part with other enactments.

(1)

A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to—

(a)

the significant harm (if any), and

(b)

the F10significant pollution of the water environment (if any),

by reason of which the contaminated land in question is such land.

F11(1A)

A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that—

F12(a)

the significant harm (if any), or the significant harm to the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of any activity to which the Environmental Authorisations (Scotland) Regulations 2018 (“the 2018 Regulations”) apply, and

F13(b)

one or more of the following sub-paragraphs apply—

(i)

the activity is authorised under the 2018 Regulations,

(ii)

the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, either a notice under regulation 31 (revocation notice), regulation 46(2) (regulatory notice), or paragraph 14(2) of schedule 1 (surrender notice of the 2018 Regulations requiring steps to be taken to prevent, mitigate or remedy the harm referred to in sub-paragraph (a)),

(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 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 62 (action by SEPA) of the 2018 Regulations,

(iv)

an order has been made under regulation 75 (powers of the court to order offence to be remedied) of the 2018 Regulations requiring steps to be taken to remedy or mitigate the harm.

F14(2)

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F15(2A)

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F16(2B)

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F17(2C)

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(3)

If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit.

F18(4)

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