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

D.4 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 purpose of the guidance in this Chapter.

D.5 In addition, for the purposes of this Chapter, the following definitions apply:

(a) a person who is an appropriate person by virtue of section 78F(2) (that is, because he has caused or knowingly permitted a pollutant to be in, on or under the land) is described as a "Class A person";

(b) a person who is an appropriate person by virtue of section 78F(4) or (5) (that is, because he is the owner or occupier of the land in circumstances where no Class A person can be found with respect to a particular remediation action) is described as a "Class B person";

(c) collectively, the persons who are appropriate persons with respect to any particular significant pollutant linkage are described as the "liability group" for that linkage; a liability group consisting of one or more Class A persons is described as a "Class A liability group", and a liability group consisting of one or more Class B persons is described as a "Class B liability group";

(d) any determination by the enforcing authority under section 78F(6) (that is, a person is to be treated as not being an appropriate person) is described as an "exclusion";

(e) any determination by the enforcing authority under section 78F(7) (dividing the costs of carrying out any remediation action between two or more appropriate persons) is described as an "apportionment"; the process of apportionment between liability groups is described as "attribution";

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

(g) a "remediation package" is all the remediation actions, within a remediation scheme, which are referable to a particular significant pollutant linkage; and

(h) a "remediation scheme" is the complete 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 waters.

D.6 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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