[78YB Interaction of this Part with other enactments]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[78YB  Interaction of this Part with other enactments]

[(1) A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to–

(a) the significant harm (if any), and

(b) the [significant] pollution of controlled waters (if any),

by reason of which the contaminated land in question is such land.

[(1A) A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that—

(a) the significant harm (if any) and the significant pollution of the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of an activity to which the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“the Regulations”) apply; and

(b) one or more of the following sub-paragraphs apply—

(i) the activity is authorised under the Regulations;

(ii) the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, a notice under regulation 32(2) (enforcement

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