[78A Preliminary]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[Part IIA Contaminated Land]

[78A Ìý±Ê°ù±ð±ô¾±³¾¾±²Ô²¹°ù²â±Õ

[(1)     The following provisions have effect for the interpretation of this Part.

(2)     “Contaminated land†is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that–

(a)     significant harm is being caused or there is a significant possibility of such harm being caused; or

[(b)     significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;]

and, in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made.

(3)     A “special site†is any contaminated land–

(a)     which has been designated as such a site by virtue of section 78C(7) or 78D(6) below; and

(b)     whose designation as such has not been terminated by the appropriate Agency under section 78Q(4) below.

(4)ÌýÌýÌýÌý “H²¹°ù³¾â€ [Subject to sub section (4A), “harmâ€] means harm to the health of

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