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

PART 1: Scope of the Chapter

B.1 The statutory guidance in this Chapter is issued under sections 78A(2) and 78B(2) of Part IIA of the Environmental Protection Act 1990, and provides guidance on the inspection of its area by a local authority and the manner in which an authority is to determine whether any land appears to it to be contaminated land.

B.2 Section 78B(1) provides that "Every local authority shall cause its area to be inspected from time to time for the purpose-

"(a) of identifying contaminated land; and

"(b) of enabling the authority to decide whether any such land is land which is required to be designated as a special site."

B.3 Section 78B(2) further provides that:

"In performing [these] functions .... a local authority shall act in accordance with any guidance issued for the purpose by the Scottish Ministers."

B.4 Section 78A(2) also provides that

" '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 the water environment 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, .... act in accordance with guidance issued by the Scottish Ministers.... with respect to the manner in which that determination is to be made."

B.5 The local authority is therefore required to act in accordance with the statutory guidance contained in this Chapter.

B.6 The questions of what harm is to be regarded as significant, whether the possibility of significant harm being caused is significant, what level of pollution of the water environment is to be regarded as significant and whether the possibility of such pollution being caused is significant are to be determined in accordance with guidance contained in Chapter A.