Section 2a Essay

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According to subsection 2a, section 78A of the Environment Act 1995 contaminated land is defined as any land where:

“Significant harm is being caused or there is a significant possibility of such harm being caused”

All findings collected during site investigation constitute sufficient evidence that the abundant factory site can be designated as contaminated land. The site appears to be in such a condition that there is a high risk of serious harm to be caused as a result of pollution to soils and waters. Immediate remediation procedures are required in order to prevent the spread of pollution to the nearby housing area, which might cause significant harm to its occupants. In order to identify the appropriate person/s who should bear the …show more content…

“78F (2) Subject to the following provisions of this section, any person, or any of the persons, who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land is an appropriate …show more content…

A remediation notice should be served to the responsible person(s) identified, whether this is the owner of the pharmaceutical factory or the current owner of the land, who must take the responsibility to clean up the waste and toxic chemical following approved remediation techniques, such as soil reagent mixing or other appropriate methods. The actions of the responsible person(s) should be closely monitored until remediation is successfully achieved. Another site inspection upon completion of remediation procedures would be required to confirm the safety of the site for future uses.

If the responsible person(s) fails to comply with the remediation notice, according the subsection (1) and (3) section 78F of Part IIA of the Environment Act 1995, “he shall be guilty of an offence” and is liable to “a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale for each day on which the failure continues after conviction of the

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