Section 78C(10)

Without prejudice to the generality of his power to prescribe any description of land for the purposes of subsection (8) above, the Secretary of State, in deciding whether to prescribe a particular description of contaminated land for those purposes, may, in particular, have regard to— whether land of the description in question appears to him to be land which is likely to be in such a condition, by reason of substances in, on or under the land that— serious harm would or might be caused, or serious pollution of controlled waters would be, or would be likely to be, caused; or whether the appropriate Agency is likely to have expertise in dealing with the kind of significant harm, or pollution of controlled waters, by reason of which land of the description in question is contaminated land.

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