[78J Restrictions on liability relating to the pollution of controlled waters]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[78J  Restrictions on liability relating to the pollution of controlled waters]

[(1)     This section applies where any land is contaminated land by virtue of paragraph (b) of subsection (2) of section 78A above (whether or not the land is also contaminated land by virtue of paragraph (a) of that subsection).

(2)     Where this section applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of section 78F(4) or (5) above to do anything by way of remediation to that or any other land, or any waters [the water environment], which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters [the water environment]) been omitted from

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