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Mr Simon Taube of Counsel, instructed by Herbert Smith, appeared for the Claimant.
I will now give a brief (and by no means comprehensive) description of the legislation affecting contaminated land, so far as relevant to this application.
The Environmental Protection Act 1990, in Part IIA (as amended by the Environment Act 1995) contains a new regime for dealing with contaminated land. However, the new regime has yet to be brought into force. The Act is heavily dependent on statutory guidance, which is still in draft and has yet to be finalised. References to sections below are to sections in the 1990 Act as amended.
Under the new regime, contaminated land is defined (in section 78A(2)) as any land which appears to the local authority in whose area it is situated to be in such a condition by reason of substances in or under it that either:
significant harm is being caused, or there is a significant possibility of such harm being caused; or
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