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Section 78B: Identification of contaminated land.

Environmental Protection Act 1990 · 1990 c. 43View on legislation.gov.uk

Part IIA: Contaminated Land

Every local authority shall cause its area to be inspected from time to time for the purpose—

of identifying contaminated land; and
of enabling the authority to decide whether any such land is land which is required to be designated as a special site.

In performing its functions under subsection (1) above a local authority shall act in accordance with any guidance issued for the purpose by the Secretary of State in accordance with section 78YA below.

If a local authority identifies any contaminated land in its area, it shall give notice of that fact to—

the appropriate Agency;
the owner of the land;
any person who appears to the authority to be in occupation of the whole or any part of the land; and
each person who appears to the authority to be an appropriate person;

and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given.

If, at any time after a local authority has given any person a notice pursuant to subsection (3)(d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person—

of the fact that the local authority has identified the land in question as contaminated land; and
that he appears to the enforcing authority to be an appropriate person.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.