Definitions

For the purposes of Part IIA, contaminated land is identified as "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land that:

  • significant harm is being caused or there is a significant possibility of such harm being caused; or
  • significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."

Harm is defined as "harm to the health of living organisms or other interference with the ecological systems of which they form a part, and in the case of man includes harm to his property".

Substance is defined as "any natural or artificial substance whether in solid or liquid form or in the form of gas or vapour".

The standard definition of land applies, which includes land under water. The term pollution of the water environment is as defined in section 78A (9) of the Act in terms of direct or indirect introduction into the water environment of substances which may give rise to harm to human health or the quality of ecosystems, result in damage to material property or impair or interfere with amenities and other legitimate uses of the water environment.  Local authorities are required to have regard to section A46 of the statutory guidance “Measures of significant pollution” in deciding whether pollution is significant.  Further information on the measure of significant pollution is provided in the interim document “Water Pollution arising from land containing chemical contaminants – further advice for Local Authorities” pdf link (45k)

The term Water Environment has the same meaning as in Section 3 of the Water Environment and Water Services (Scotland) Act 2003 external link and includes all:

  • surface water (inland water (other than groundwater), transitional water and coastal water)

  • groundwater (water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil)

  • wetlands (an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its water needs, on a body of groundwater or a body of surface water).

By virtue of the definition, there will be chemically contaminated land which does not meet the statutory definition. The definition relies heavily on the concept of a pollutant linkage i.e. the presence of a source of contamination which has the potential to impact on a receptor by means of a pathway.

SOURCE (substances in soil or present as a discrete phase ) PATHWAY (air, soil, foodchain, groundwater, surface water) RECEPTOR (humans, ecosystems, property, controlled waters)

The statutory guidance limits what can be considered as a receptor under Part IIA to certain designated ecosystems, human health, property and controlled waters. It also provides guidance on what should be considered to represent significant harm or a significant possibility of significant harm and should be referred to for further information. Chapter A of Statutory Guidance: Edition 2 external link