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Part IIA Environmental Protection
Act 1990
Part IIA of the Environmental Protection Act
1990 was inserted into the act by section 57 of The
Environment Act 1995 and came into force on the 1st
of April 2000.
The regime provides a system for the identification
and remediation of contaminated land, where the contamination
is causing unacceptable risk to human health or the
wider environment
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Identify the problem
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Assess the risk
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Determine the appropriate remediation requirements
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Consider the costs
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Establish who should pay
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Implementation and remediation
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How is Part IIA regulated?
The principal regulators are the Local Authorities while
the Environment
Agency is responsible for regulating "special
sites" as well as providing site-specific advice
to local authorities particularly in cases where water
pollution is involved.
Regulators are responsible for
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Adopting a strategic approach to identifying
contaminated land in their area and so finding
and dealing with the most pressing and serious
problems first. Contaminated land will be identified
on the basis of risk assessment
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Establishing responsibilities for remediation
of land
Any person, organisation or business* that caused
or knowingly permitted the contamination or if
they own or occupy contaminated land when a polluter
cannot be found will be liable remediation
*Lenders, investors, insurers and professional
advisers will normally be excluded from responsibility
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Ensuring the appropriate remediation takes
place either through agreement with those responsible
or where this is not possible by serving a remediation
notice or carrying out the work themselves
Failure to comply with a remediation notice
may attract a penalty of £20,000 upon conviction,
plus a daily fine.
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Maintaining a public register detailing
the regulatory action taken under the new regime.
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Who is liable for remediation
costs?
Where a remediation notice has been served, person(s)
who caused or knowingly permitted the substances to
be in on or under the land are liable for the cost of
remediation. If none can be found responsibility passes
to the current owner(s) or occupier(s).
Regulators must have regard to any hardship that might
be caused. If the cost of remediation is likely to lead
to insolvency liability may be reduced
Are any contamination sources not covered by the
legislation?
The new contaminated land regime does not apply to
radioactively
contaminated land
Links to further Information
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The
Contaminated Land (England) Regulation 2000
Land
and Liability (DEFRA)
Contaminated
Land Issues (Environment Agency)
Regulatory
Impact Assessment
Examples
of Remediation Costs, and Small Businesses
Any Policy Queries can be emailed to the DEFRA Land
Quality Team landquality.enquiries@defra.gsi.gov.uk
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