Publication - Advice and guidance

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

Published: 7 Jun 2006

This document promulgates revised statutory guidance for the operation of the contaminated land regime following implementation of the Contaminated Land (Scotland) Regulations 2005. It replaces the earlier 2000 version.

Environmental Protection Act 1990 - Part IIA Contaminated Land: statutory guidance edition 2
PART 2: Definitions of Terms

PART 2: Definitions of Terms

C.5 Unless otherwise stated, any word, term or phrase given a specific meaning in Part IIA of the Environmental Protection Act 1990, or in the statutory guidance in Chapters A or B, has the same meaning for the purposes of the guidance in this Chapter.

C.6 "Remediation" is defined in section 78A(7) as meaning:

"(a) the doing of anything for the purpose of assessing the condition of-

"(i) the contaminated land in question;

"(ii) the water environment affected by that land; or

"(iii) any land adjoining or adjacent to that land;

"(b) the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or the water environment for the purpose-

"(i) of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any significant pollution of the water environment, by reason of which the contaminated land is such land; or

"(ii) of restoring the land or the water environment to its former state; or

"(c) the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or water environment."

C.7 The definition of remediation given in section 78A extends more widely than the common usage of the term, which more normally relates only to the actions defined as "remedial treatment actions" below.

C.8 For the purposes of the guidance in this Chapter, the following definitions apply:

(a) a "remediation action" is any individual thing which is being, or is to be, done by way of remediation;

(b) a "remediation package" is the full set or sequence of remediation actions, within a remediation scheme, which are referable to a particular significant pollutant linkage;

(c) a "remediation scheme" is the full set or sequence of remediation actions (referable to one or more significant pollutant linkages) to be carried out with respect to the relevant land or water environment;

(d) "relevant land or water environment" means the contaminated land in question, the water environment affected by that land and any land adjoining or adjacent to the contaminated land on which remediation might be required as a consequence of the contaminated land being such land;

(e) an "assessment action" means a remediation action falling within the definition of remediation in section 78A(7)(a) (see paragraph C.6 above);

(f) a "remedial treatment action" means a remediation action falling within the definition in section 78A(7)(b) (see paragraph C.6 above); and

(g) a "monitoring action" means a remediation action falling within the definition in section 78A(7)(c) (see paragraph C.6 above).

C.9 Any reference to "Part IIA" means "Part IIA of the Environmental Protection Act 1990". Any reference to a "section" in primary legislation means a section of the Environmental Protection Act 1990, unless it is specifically stated otherwise.


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