Section 78A(9)

The following expressions have the meaning respectively assigned to them— “the appropriate Agency” means— in relation to England ..., the Environment Agency; in relation to Scotland, the Scottish Environment Protection Agency; in relation to Wales, the Natural Resources Body for Wales; “appropriate person” means any person who is an appropriate person, determined in accordance with section 78F below, to bear responsibility for any thing which is to be done by way of remediation in any particular case; “charging notice” has the meaning given by section 78P(3)(b) below; “controlled waters”— in relation to England and Wales, has the same meaning as in Part III of the Water Resources Act 1991 except that “ground waters” does not include waters contained in underground strata but above the saturation zone; and in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974; “creditor” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; “enforcing authority” means— in relation to a special site, the appropriate Agency; in relation to contaminated land other than a special site, the local authority in whose area the land is situated; “heritable security” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; “local authority” in relation to England and Wales means— and in relation to Scotland means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994; any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; “notice” means notice in writing; “notification” means notification in writing; “owner”, in relation to any land in England and Wales, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted; “pollution of controlled waters” means the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter; “prescribed” means prescribed by regulations; “regulations” means regulations made by the Secretary of State; “remediation declaration” has the meaning given by section 78H(6) below; “remediation notice” has the meaning given by section 78E(1) below; “remediation statement” has the meaning given by section 78H(7) below; “required to be designated as a special site” shall be construed in accordance with section 78C(8) below; “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour; “unitary authority” means— the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales.

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