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Part IIA of the EPA 1990 provides a statutory definition of contaminated land, focusing on the risks arising in the context of the current use and circumstances of the land. Part IIA is widely known as the ‘contaminated land regime’. It places specific duties on local authorities to inspect their areas to identify land falling within the definition and where possible to oversee its remediation in line with the suitable for use approach. The regime also provides detailed rules for determining liabilities for contaminated land, based on the "polluter pays" principals. The legislation seeks to promote voluntary remediation of any contamination.
There are no standards defining what is and is not contaminated land. Part IIA adopts a ‘suitable for use approach’ which requires land contamination to be assessed on a site-by-site basis. Part IIA only applies to land contaminated with chemicals or contaminants that pose an unacceptable risk to human health or the wider environment, i.e. pollutants entering the environment through a pathway.
In England under the Part IIA regime, the Environment Agency undertakes the inspection on behalf of local authorities;
In Scotland local authorities seek advice from SEPA in relation to potential 'special' sites. Any notifications of identification of contaminated land appear in the public registers in Scotland. Scottish Regulations specify the form of the remediation notice. See Contaminated Land Regime in Scotland.
(These regulations update the Contaminated Land (England) Regulations 2000 and the 2001 Amendment Regulations).
The Regulations, which apply to England only, set out provisions relating to the identification and remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (the 1990 EPA). The Regulations make provision for an additional description of contaminated land that is required to be designated as a special site i.e. land which is contaminated land as a result of radioactive substances in, on or under that land. The Regulations identify categories of ‘special’ sites where the Environment Agency is to be the enforcing authority. The Regulations clarify ‘remediation notices’ which can be served by a local authority or the Environment Agency specifying what is to be done by way of remediation and the time to be taken for action.
The Regulations make provision in under Part IIA of the Environmental Protection Act 1990 for the remediation of contaminated land. The Regulations identify sites known as 'special sites' for which SEPA is to be the enforcing authority. Local authorities are responsible for enforcing the scheme in the case of any other type of site. Guidance is also provided for the content and service of copies of ‘remediation notices’ served by a local authority or SEPA specifying what is to be done by way of remediation and the time limits within which action must be taken.
The purpose of the instrument is to amend Part IIA of the Environmental Protection Act 1990, which was inserted by section 57 of the Environment Act 1995. It also makes amendments to the Contaminated Land (Scotland) Regulations 2000. The amendments included in the 2005 Regulations are mainly operational or technical in nature. |
