Section 78K(4)

Where this subsection applies, no remediation notice shall require a person— to do anything by way of remediation in consequence of any further land in, on or under which those substances or any of them appear to be or to have been present as a result of their escape from land A (“land B”) appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm is being caused, or there is a significant possibility of such harm being caused, or that pollution of controlled waters is being, or is likely to be caused, unless he is also the owner or occupier of land B. who is the owner or occupier of land A, and who has not caused or knowingly permitted the substances in question to be in, on or under that land,

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