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Contaminated Land - outline of the regime

The contaminated land regime is referred to here as "Part 2A", meaning Part 2A of the Environmental Protection Act 1990 and the guidance and regulations that go with it.

Key elements:
  • Defra Circular 01/2006 "Contaminated Land - includes a statement of government policy, a description of Part 2A and its procedures, and the statutory guidance and regulations under Part 2A.
  • Part 2A of the Environmental Protection Act 1990 - which was inserted by Section 57 of the Environment Act 1995. This is the primary legislation referred to in Defra Circular 01/2006 and includes the definition of contaminated land and how it is to be identified and dealt with. Part 2A provides, for the first time, an explicit statutory definition of contaminated land, focussing on risks arising in the context of the current use and circumstances of land. It places specific duties on local authorities to inspect their areas to identify land falling within this definition and, where they do, to require its remediation in line with the "suitable for use" approach.
  • Contaminated (England) Regulations 2006 (SI 2006/1380) - these deal with various procedural details such as the description of special sites, public registers, remediation notices and appeals
  • Scotland and Wales have similar regimes, while Northern Ireland is working to implement its proposals. These are not covered here.
  • The regime also provides detailed rules for assigning liabilities for contaminated land, based on the "polluter pays" principle.
  • Local authorities are the main regulators and are required to publish a strategy for inspecting their area. Most have now done so. The Environment Agency are responsible for dealing with defined "special sites", and monitoring and reporting on progress made. The first of these statutory progress reports is Dealing with contaminated land in England 2002, available on the Environment Agency website.
  • Both local authorities and the Environment Agency record certain prescribed information about their regulatory actions on a public register.
The problem

All industrial societies have in the past allowed land to become contaminated in various ways over many years. This land includes industrial, mining and waste disposal sites.

Various industrial practices have led to substances being in, on or under land, such as oils and tars, heavy metals, organic compounds and soluble salts and mining materials.

In the past, landfilling of waste sometimes took place without adequate precautions against leaching or the escape of landfill gases. Land in this condition, if not dealt with adequately, can pose a serious threat to health or the environment, including pollution of the water environment.

As well as direct health or environmental problems, land contamination can cause economic and financial damage. Uncertainties about remediation requirements and liability for them can cause blight, deterring development of land and adding to pressures on greenfield sites, and affecting urban regeneration.

Much of the past contamination has already been found and dealt with, particularly during new development of previously used land, or in preparation for future development. There are very few cases where land cannot be restored to some beneficial use.

Part 2A of the Environmental Protection Act 1990

The statutory regime on contaminated land should help address these problems. The main objective is to provide an improved system for the identification and remediation of contaminated land, where the contamination is causing unacceptable risk to human health or the wider environment. The extent of any risk will be assessed in the context of the current use and circumstances of the land.

Part 2A recognises that harm to health and the environment arises not from the mere presence of contaminating substances in land, but from their movement along a "pathway" to where they can cause damage to a "receptor".

Although we need the regime on contaminated land, in practice most contamination from the past will continue to be dealt with through development. Part 2A will help everyone by reducing uncertainties about what remediation needs to be done, by whom and to what standards.

Changes to Part 2A - pollution of controlled waters


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Page last modified: 10 December 2007
Page published: 17 March 2003

Department for Environment, Food and Rural Affairs