[78H Restrictions and prohibitions on serving remediation notices]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[78H  Restrictions and prohibitions on serving remediation notices]

[(1)     Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult–

(a)     the person on whom the notice is to be served,

(b)     the owner of any land to which the notice relates,

(c)     any person who appears to that authority to be in occupation of the whole or any part of the land, and

(d)     any person of such other description as may be prescribed,

concerning what is to be done by way of remediation.

(2)     Regulations may make provision for, or in connection with, steps to be taken for the purposes of subsection (1) above.

(3)     No remediation notice shall be served on any person by reference to any contaminated land during any of the following periods, that is to say–

(a)     the period–

(i)     beginning with the identification of the contaminated land in question pursuant to section 78B(1) above, and

(ii)     ending with the expiration of the period of three months beginning with the day on which the notice required by subsection (3)(d) or, as the case may be, (4) of section 78B above is given to that person in respect of that land;

(b)

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