Section 78A(2)

“Contaminated land” is 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, on or under the land, that— and, in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made. significant harm is being caused or there is a significant possibility of such harm being caused; or significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;

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Source: legislation.gov.uk · retrieved 2026-07-30