Regulation 5 Service of copies of remediation notices

England and Wales

(1)

Subject to paragraph (2), the enforcing authority must, at the same time as it serves a remediation notice, send a copy of it to each of the following persons, not being a person on whom the notice is to be served—

(a)

any person who was required to be consulted under section 78G(3) before service of the notice;

(b)

any person who was required to be consulted under section 78H(1) before service of the notice;

(c)

where the local authority is the enforcing authority, F1the Natural Resources Body for Wales; and

(d)

where the Natural Resources Body for Wales is the enforcing authority, the local authority in whose area the contaminated land in question is situated.

(2)

Where it appears to the enforcing authority that the contaminated land in question is in such a condition by reason of substances in, on or under it that there is imminent danger of serious harm or serious pollution of controlled waters being caused, the enforcing authority must send any copies of the notice pursuant to paragraph (1) as soon as practicable after service of the notice.

Annotations

Textual amendments

F1: Words in reg. 5(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 40 (with Sch. 7)