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The Environmental Protection Act 1990 (Part IIA) is the primary legislation used to deal with land contamination in England.
This legislation stipulates that local authorities are responsible for inspecting land in their area to identify contamination. If contamination is found, they must decide whether it meets the legal definition of ‘contaminated land’.
If a site is identified as contaminated land, the authority must decide what remediation should take place on that land and establish who should be responsible.
The Department for Environment, Food and Rural Affairs (Defra) issues the Contaminated Land Statutory Guidance (2012) which explains how all local authorities, and other regulators such as the Environment Agency, should implement the legislation.
The Government objectives within the guidance are:
‘To identify and remove unacceptable risks to human health and the environment’.
‘To seek to ensure that contaminated land is made suitable for its current use’.
‘To ensure that the burdens faced by individuals, companies and society as a whole are proportionate, manageable and compatible with the principles of sustainable development’.
A key requirement of the guidance is for all local authorities to develop and adopt a Contaminated Land Strategy, setting out their approach to identifying and managing land affected by contamination.
The Environmental Protection Act 1990 (Part IIA) is the primary legislation used to deal with land contamination in England.
This legislation stipulates that local authorities are responsible for inspecting land in their area to identify contamination. If contamination is found, they must decide whether it meets the legal definition of ‘contaminated land’.
If a site is identified as contaminated land, the authority must decide what remediation should take place on that land and establish who should be responsible.
The Department for Environment, Food and Rural Affairs (Defra) issues the Contaminated Land Statutory Guidance (2012) which explains how all local authorities, and other regulators such as the Environment Agency, should implement the legislation.
The Government objectives within the guidance are:
‘To identify and remove unacceptable risks to human health and the environment’.
‘To seek to ensure that contaminated land is made suitable for its current use’.
‘To ensure that the burdens faced by individuals, companies and society as a whole are proportionate, manageable and compatible with the principles of sustainable development’.
A key requirement of the guidance is for all local authorities to develop and adopt a Contaminated Land Strategy, setting out their approach to identifying and managing land affected by contamination.
