Section 78B

Every local authority shall cause its area to be inspected from time to time for the purpose— of identifying contaminated land; and of enabling the authority to decide whether any such land is land which is required to be designated as a special site. In performing its functions under subsection (1) above a local authority shall act in accordance with any guidance issued for the purpose by the Secretary of State in accordance with section 78YA below. If a local authority identifies any contaminated land in its area, it shall give notice of that fact to— and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given. the appropriate Agency; the owner of the land; any person who appears to the authority to be in occupation of the whole or any part of the land; and each person who appears to the authority to be an appropriate person; If, at any time after a local authority has given any person a notice pursuant to subsection (3)(d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person— of the fact that the local authority has identified the land in question as contaminated land; and that he appears to the enforcing authority to be an appropriate person.

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