Section 78A(8)

Controlled waters are “affected by” contaminated land if (and only if) it appears to the enforcing authority that the contaminated land in question is, for the purposes of subsection (2) above, in such a condition, by reason of substances in, on or under the land, that significant pollution of those 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