Schedule 22, paragraph 89(3)

After that subsection there shall be inserted— No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state. Land is in a “contaminated state” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that— and in this subsection “harm”, “pollution of controlled waters” and “substance” have the same meaning as in Part IIA of this Act. harm is being caused or there is a possibility of harm being caused; or pollution of controlled waters is being, or is likely to be, caused;

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