OpenLegislation

Paragraph 2 I1F1

England, Wales and Scotland

(1)

Where–

(a)

sludge has been used on an agricultural unit before the operative date; and

(b)

adequate scientific evidence is available as to the characteristics of the soil thereof, and the sludge used thereon, before that date;

an assessment shall be made as soon as possible after the operative date of the pH value of the soil as at that date, and the probable concentrations in the soil as at that date of–

(i)

chromium;

(ii)

the elements listed in column 1 of the soil table;

and the soil shall be tested not later than 31st December 1991.

(2)

Subject to paragraph (1) above, the soil of agricultural land shall be tested–

(a)

where sludge is to be used on that land for the first time after the operative date;

(b)

as soon as may be after the twentieth anniversary of the date when the soil was last tested in accordance with this Schedule; or

C1(c)

where the sludge producer is so requested in writing by the occupier of the land or by F2the Environment Agency F3or, in Wales, the Natural Resources Body for Wales, and not less than five years have elapsed since the soil was last tested in accordance with this Schedule.

Annotations

Textual amendments

F1

Regulations revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

F2

Words in Sch. 2 para. 2(2)(c) substituted (1.4.1996) by The Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), reg. 1, Sch. 2 para. 5(4)

F3

Words in Sch. 2 para. 2(2)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 25 (with Sch. 7)

Modifications

C1

Sch. 2 para. 2(2)(c): transfer of functions (1.4.1996) by Environment Act 1995 (c. 25), s. 2(2)(e)

Commencement

I1

Sch. 2 para. 2 in force at 1.9.1989, see reg. 1(1)