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

Statutory Guidance

12. I am therefore directed by the Scottish Ministers to say that they hereby issue the revised statutory guidance, which replaces that issued under cover of SERAD Circular 1/2000 in July 2000, as set out in Annex 3 to this document. The substantive amendments in Part 4 of Chapter A to Annex 3, and to Part 4 of Chapter B to Annex 3 are issued under powers contained in regulation 2(3)(d) and (e) of the 2005 Regulations. These provisions amend section 78A(5) and (6), respectively, of the 1990 Act to make provision for powers to issue guidance as may be required on the criteria to be used in determining what pollution of the water environment is to be regarded as "significant" and on whether there is "a significant possibility of such pollution being caused". The revised guidance fulfils this requirement.

13. The statutory guidance in its generality is issued under the following powers:

(a) The Definition of Contaminated Land - Chapter A of Annex 3 to this circular sets out guidance issued under section 78A(2) and (5);

(b) The Identification of Contaminated Land - Chapter B of Annex 3 to this circular sets out guidance issued under section 78B(2);

(c) The Remediation of Contaminated Land - Chapter C of Annex 3 to this circular sets out guidance issued under section 78E(5);

(d) Exclusion from, and Apportionment of, Liability for Remediation - Chapter D of Annex 3 to this circular sets out guidance issued under section 78F(6) and (7); and

(e) The Recovery of the Costs of Remediation - Chapter E of Annex 3 to this guidance issued under section 78P(2).

14. Section 78YA(1) of the 1990 Act states that before the Scottish Ministers can issue any guidance under Part IIA, they must consult the Scottish Environment Protection Agency ( SEPA) and such other persons as they consider it appropriate to consult. Drafts of the revised guidance were published for consultation in February 2005. The revised guidance contained in Part 4 of Chapter A to Annex 3, and Part 4 of Chapter B to Annex 3 to this paper has been prepared in the light of responses to the consultation exercise.

15. In addition, section 78YA requires the Scottish Ministers to lay a draft of any guidance they propose to issue under sections 78A(2) or (5), 78B(2) or 78F(6) or (7) before the Scottish Parliament for 40 days. The guidance now issued in Chapters A and B of Annex 3 was laid in draft before the Parliament on 31 March 2006.