Sch 22 para 89
(1) Section 79 of that Act (statutory nuisances) shall be amended in accordance with the following provisions of this paragraph. (2) In subsection (1) (the paragraphs of which specify, subject to subsections (2) to (6A), the matters which constitute statutory nuisances) for the words “Subject to subsections (2) to (6A) below” there shall be substituted the words “ Subject to subsections (1A) to (6A) below ” . (3) After that subsection there shall be inserted— (1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state. (1B) Land is in a “ contaminated state ” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that— (a) harm is being caused or there is a possibility of harm being caused; or (b) pollution of controlled waters is being, or is likely to be, caused; and in this subsection “ harm ”, “ pollution of controlled waters ” and “ substance ” have the same meaning as in Part IIA of this Act.