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Section 78YB: Interaction of this Part with other enactments.

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

Part IIA: Contaminated Land

This Part shall not apply if and to the extent that—

any significant harm, or pollution of controlled waters, by reason of which land would otherwise fall to be regarded as contaminated, is attributable to the operation of a regulated facility; and
enforcement action may be taken in relation to that harm or significant pollution.

If, in a case falling within subsection (1) or (7) of section 59 , section 59ZA(1), 59ZB(1) or (8) or 59ZC(1) above, the land in question is contaminated land, or becomes such land by reason of the deposit , keeping or disposal of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit , keeping or disposal, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under section 59, 59ZA, 59ZB or 59ZC (as the case may be) may be exercised in relation to that waste or the consequences of its deposit , keeping or disposal.

No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of an environmental permit or, in relation to Scotland, in pursuance of a consent given under Part II of the Control of Pollution Act 1974.

In this section—

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.