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Explanatory Note

(This note is not part of the Regulations)

Part 2A of the Environmental Protection Act 1990 (“Part 2A”) sets out a regime for the identification and remediation of contaminated land. Section 78YC provides that regulations may give effect to Part 2A with modifications for the purpose of dealing with harm which is attributable to radioactivity possessed by any substances.

By virtue of these Regulations, which apply in relation to England only, the powers in Part 2A to make any such regulations or order, or give directions or issue guidance may be exercised in relation to land contaminated by reason of radioactive substances in, on or under the land and for that limited purpose these Regulations provide for Part 2A to have effect with modifications. These Regulations thereby enable those powers to be exercised for the purpose of implementing Articles 48 and 53 of Council Directive 96/29/Euratom laying down basic safety standards etc (OJ No L 159, 29.06.1996, p.1).

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business in itself.