74AInterpretation of Part 5A

74A Interpretation of Part 5A

(1)  In this Part –

allow, in relation to the escape, discharge, emission or release of a pollutant, includes the failure of a person with the authority to prevent the escape, discharge, emission or release to prevent it;

area of land includes any water in, on or under that area of land;

background concentration, in relation to a pollutant, means the naturally occurring, ambient concentration of that pollutant;

contaminated site has the meaning given by subsections (2) , (3) and (4) ;

investigation notice means an investigation notice, as amended from time to time, issued under section 74C for the purpose specified in section 74E(1) ;

notice means an investigation notice, a remediation notice or a site management notice;

owner, in relation to an area of land, includes a person who has taken possession of the area of land in the exercise of a right under a mortgage, charge or other encumbrance and has the power to sell or otherwise dispose of the area of land;

remediation notice means a remediation notice, as amended from time to time, issued under section 74C for the purpose specified in section 74F(1) ;

site management notice means a site management notice, as amended from time to time, issued under section 74C for the purpose specified in section 74G(1) .

(2)  An area of land is a contaminated site if –

(a) there is in, on or under that area of land a pollutant in a concentration that –