Environmental Protection Act 1990 - Part IIA Contaminated Land: statutory guidance edition 2

PART 1: Scope of the Chapter

A.1 The statutory guidance in this Chapter is issued under section 78A(2), (5) and (6) of Part IIA of the Environmental Protection Act 1990 and provides guidance on applying the definition of contaminated land.

A.2 "Contaminated land" is defined at section 78A(2) as:

"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 the water environment is being caused or there is a significant possibility of such pollution being caused;"

A.3 Section 78A(5) further provides that:

"the questions -

(a) what harm or pollution of the water environment is to be regarded as "significant";

(b) whether the possibility of significant harm or of significant pollution of the water environment being caused is "significant";

shall be determined in accordance with guidance issued by the Scottish Ministers".

A.4 In determining these questions the local authority is therefore required to act in accordance with the guidance contained in this Chapter.

A.5 As well as defining contaminated land, section 78A(2) further provides that

" ..... in determining whether any land appears to be such land, a local authority shall .... act in accordance with guidance issued by the Scottish Ministers.... with respect to the manner in which that determination is to be made"

A.6 Guidance on the manner in which that determination is to be made is set out in Part 3 of the statutory guidance in Chapter B.