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Contaminated Land Regime comes into force 1

United Kingdom
30/03/2000
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The contaminated land regime finally comes into force tomorrow (1st April) in England.

Under the new regime, local authorities are under a duty to inspect their area from time to time to identify "contaminated land". Each authority must publish a formal written strategy for the inspection of its area within 15 months of the Statutory Guidance being published (i.e. by 20 June 2001).

Where a site is identified as a "special site", the local authority must inform the Environment Agency who then becomes the enforcing authority.

Where land is identified as contaminated or as a special site, the enforcing authority is under a statutory duty to require appropriate remediation of that land by serving a remediation notice on the "appropriate person", who is the person responsible for doing any necessary works and for the cost of the works.

Local authorities, or in the case of special sites, the Environment Agency, are required to keep a register of particulars relating to the contaminated land regulations, including remediation notices served by that authority and convictions for any offences.

The regime has been delayed in Scotland and Wales, where the regulations are yet to be laid before Parliament.

For further information please contact Verity Kidd at [email protected] or on (+44) (0)20 7367 3182.

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