SCHEDULES
SCHEDULE 7Contaminated and derelict land
Part 1Amendments of Part 14 of CTA 2009
5
For section 1145 substitute—
1145Land “in a contaminated state”
1
For the purposes of this Part land is in a contaminated state if (and only if), because of something in, on or under the land, the land is in a condition such that—
a
relevant harm is being caused, or
b
there is a serious possibility that relevant harm will be caused.
2
But land is not in a contaminated state by reason of the presence in, on or under it of—
a
living organisms or decaying matter deriving from living organisms, air or water, or
b
anything present otherwise than as a result of industrial activity.
3
The Treasury may by order specify circumstances in which subsection (2) is not to apply to the extent specified in the order; and an order under this subsection may contain incidental, supplemental, consequential and transitional provision and savings.
4
In this section “relevant harm” means—
a
death of living organisms or significant injury or damage to living organisms,
b
significant pollution of controlled waters,
c
a significant adverse impact on the ecosystem, or
d
structural or other significant damage to buildings or other structures or interference with buildings or other structures that significantly compromises their use.
1145ALand “in a derelict state”
For the purposes of this Part land is in a derelict state if (and only if) the land—
a
is not in productive use, and
b
cannot be put into productive use without the removal of buildings or other structures.
1145BExclusion of nuclear sites
1
A nuclear site is not land in a contaminated state or land in a derelict state for the purposes of this Part.
2
“Nuclear site” means—
a
any site in respect of which a nuclear site licence is for the time being in force, or
b
any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end.
3
In subsection (2) “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965.