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These Regulations amend section 78YB of the Environmental Protection Act 1990 by substituting a new subsection (1A) into that provision. This new subsection sets out the circumstances in which a remediation notice under Part IIA of that Act (contaminated land) may not be served where the Water Environment (Controlled Activities) (Scotland) Regulations 2011 ("Regulations")apply. A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that— (a) the significant harm (if any) and the significant pollution of the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of an activity to which the Regulations apply; and b) one or more of the following conditions apply— (i) the activity is authorised under the Regulations; (ii) the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, a notice under regulation 32(2) of the Regulations requiring steps to be taken to prevent, mitigate or remedy the harm or pollution in question; or (iii) the Scottish Environment Protection Agency has taken, is taking, or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm or pollution in question under regulation 33(1).
Amends: Environmental Protection Act 1990 (Chapter 43). (1990-11-01)
