SCHEDULE 10CONSEQUENTIAL AMENDMENTS

PART 1:PUBLIC GENERAL ACTS

Environmental Protection Act 1990

6

In section 78YB (interaction of contaminated land provisions with other enactments50 after subsection (2) insert—

2A

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

a

any significant harm, or pollution of controlled waters, by reason of which the land would otherwise fall to be regarded as contiminated, is attributable to the final disposal by deposit in or on land of controlled waste, and

b

enforcement action may be taken in relation to that disposal.

2B

A remediation notice shall not be served in respect of contaminated land if and to the extent that—

a

the significant harm, or pollution of controlled waters, by reason of which the contaminated land is such land is attributable to an activity other than the final disposal by deposit in or on land of controlled waste, and

b

enforcement action may be taken in relation to that activity.

2C

In subsections (2A) and (2B) above—

  • “controlled waste” has the meaning given in section 75(4) of this Act; and

  • “enforcement action” means action under regulation 24 (enforcement notices) or regulation 26(2) (power of regulator to remedy pollution) of the Pollution Prevention and Control (England and Wales) Regulations 2000.