MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 8 Contaminated land

[s 396]

396        Administering authority to consider and act on validation
           report
          (1)   The administering authority must, within 20 business days
                after being given the validation report, consider the report and
                decide whether the land is still contaminated land.
          (2)   After making its decision, the administering authority may,
                for land for which particulars are recorded in the
                environmental management register—
                (a)   if the administering authority is satisfied the land is no
                      longer contaminated land—remove particulars of the
                      land from the environmental management register; or
                (b)   if the administering authority is satisfied the land has
                      been partially remediated but is still contaminated land
                      that requires further management—leave particulars of
                      the land in the environmental management register and
                      prepare, or require another person to prepare, a site
                      management plan for the land; or
                (c)   in any other case—leave particulars of the land on the
                      environmental management register.
          (3)   Also, the administering authority may, for land for which
                particulars are recorded in the contaminated land register—
                (a)   if the administering authority is satisfied the land is no
                      longer contaminated land—remove particulars of the
                      land from the contaminated land register; or
                (b)   if the administering authority is satisfied the land has
                      been partially remediated but it is still contaminated
                      land that requires further management—record
                      particulars of the land in the environmental management
                      register and prepare, or require another person to
                      prepare, a site management plan for the land; or
                (c)   in any other case—leave particulars of the land on the
                      contaminated land register.




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