35What is *contaminated* land?

35 What is *contaminated* land? (1) Subject to subsection (2), land is ***contaminated*** if waste, a chemical substance or a prescribed substance is present on or under the surface of the land, and the waste, chemical substance or prescribed substance— (a) is present in a concentration above the background level; and (b) creates a risk of harm to human health or the environment. (2) Land is not contaminated— (a) merely because waste, a chemical substance or a prescribed substance is present in a concentration above the background level in water that is on or above the surface of the land; or (b) if any prescribed circumstances apply to the land. S. 36 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).