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Contaminated Land / Controlled Waters Changes

New legislation:
The Contaminated Land (England) (Amendment) Regulations 2012
The Water Act 2003 (Commencement No. 11) Order 2012
The Contaminated Land (Wales) (Amendment) Regulations 2012
The Water Act 2003 (Commencement No. 3) (Wales) Order 2012
Who does this affect: England and Wales
When does this change take place: 6 April 2012

The amendment Regulations streamline the appeals procedure against remediation notices under the Contaminated Land Regulations and clarify provisions in relation to special sites to make clear that the existing protection afforded to particular controlled waters will continue to apply not only to descriptions of waters currently classified using s82 of the Water Resources Act 1991, but also where such waters are now being classified as certain ‘protected areas’ under Annex IV of the Water Framework Directive.

The commencement Orders bring into effect changes to the definition of “contaminated land” in the Environmental Protection Act 1990 so that, in relation to the pollution of controlled waters, for land to be determined as contaminated land it must cause significant pollution or the significant possibility of such pollution of controlled waters.

The full text of the Contaminated Land (England) Regulations can be found here.
The full text of the Commencement (England) Order can be found here.
The full text of the Contaminated Land (Wales) Regulations can be found here (English) / yma (Cymraeg).

The full text of the Commencement (Wales) Order can be found here (English) / yma (Cymraeg).

Source: http://www.legislation.gov.uk

Published: 01 March 2012

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