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Environment Protection Act 1990: Part IIA Contaminated Land

Annex 5 - Guide to the Environment Act 1995 (Commencement Order No. 17 and Saving Provision) (Scotland) Order 2000

Commencement of Part IIA OF THE Environmental Protection Act 1990

1 Commencement Order No.1 (S.I. 1995/1983) brought into force section 57 of the Environment Act 1995 ("the 1995 Act"), in so far as was necessary to enable the Secretary of State to consult on and issue statutory guidance and make regulations.

2 The main effect of the Environment Act 1995 (Commencement No. 17 and Saving Provision) (Scotland) Order 2000 (SI 2000/180) is to bring the remainder of section 57 of the 1995 Act into force on 12 June 2000 in Scotland. This, in turn, brings the Part IIA regime into force.

Repeals and Other Amendments to the 1990 Act

3 The Order also brings into force the following amendments to the 1990 Act:

(a) an amendment to the definition of a statutory nuisance in section 79, excluding any matter which consists of, or is caused by, land in a contaminated state;

(b) the repeal of the following sections (neither of which ever came into force):

(i) section 61, which would have created specific duties for waste regulation authorities as respects closed landfills, and

(ii) section 143, which would have required local authorities to compile registers of land which may be contaminated; and

(c) an amendment to section 161, relating to the use of the affirmative resolution procedure for any order under the new section 78M(4) (which deals with changes to the maximum level of fines for non-compliance with remediation notices).

Saving Provision relating to Statutory Nuisance

4 Article 3 of the Order makes a saving provision with respect to the dis-application of the Statutory Nuisance system from land contamination problems. Any matter will continue to be treated as a statutory nuisance in any case where an abatement notice under section 80(1) of the 1990 Act, or a court order under section 82(2)(a) or (b) of that Act, was in force with respect to the matter in question at the date that Part IIA came into force. This will enable any regulatory action to continue without interruption.

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