1 - Introduction
1.1 Part IIA of the Environmental Protection Act 1990 - which was inserted into that Act by section 57 of the Environment Act 1995 - provides a regulatory regime for the identification and remediation of contaminated land. In addition to the requirements contained in the primary legislation, operation of the regime is subject to the 2000 Regulations and statutory guidance.
1.2 This annex to the circular describes, in general terms, the operation of the regime, setting out the procedural steps the enforcing authority takes, and some of the factors which may underlie its decisions at each stage. Where appropriate it refers to the primary legislation, regulations or statutory guidance. However, the material in this part of the Circular does not form a part of that statutory guidance, and it should not be taken to qualify or contradict any requirements in the guidance, or to provide any additional guidance. It represents the Scottish Executive's views and interpretations of the legislation, regulations and guidance. Readers should seek their own legal advice where necessary.
1.3 Throughout the text, various terms are used which have specific meanings under the primary legislation, or in the regulations or the statutory guidance. Where this is the case, the terms are printed in SMALL CAPITALS. The Glossary of Terms at Annex 6 to the circular either repeats these definitions or shows where they can be found.
1.4 Unless the contrary is shown, references in this document to "sections" are to sections of the Environmental Protection Act 1990 (as amended) and references to "regulations" are references to either the Contaminated Land (Scotland) Regulations 2000 or the Contaminated Land (Scotland) Regulations 2005. References to the statutory guidance include the relevant Chapter in Annex 3 to this Circular and the specific paragraph (so that, for example, a reference to paragraph 13 of Chapter B is shown as "paragraph B.13".) Such references are to the most relevant paragraph(s): those paragraph(s) must, of course, be read in the context of the relevant guidance as a whole.
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