Contaminated land

Due diligence
Refinancing deal requiring advice on environmental reports

Contaminated land regime

It is important to distinguish the formal service of a remediation notice from the initial designation that the land is contaminated(see s78B (3) and s78E (1)).This initial notification is likely to be forwarded to the Agency, to the owner and occupier of the land and to any person who appears at that stage to be […]

Contaminated land regime

Local authorities were asked on the introduction of the regime to adopt a formal written strategy for periodic review which is capable of being can be conducted in an orderly and efficient manner and should contain an emphasis on protection of public health and of the environment.  Virtually all local authorities did so  within 15 […]

Contaminated land regime

The guide will be published in instalments on the website. It is also available from ERIC in print format.   1 Background Section 57 of the Environment Act 1995 (‘the Act’) introduced a new Part IIA of the Environmental Protection Act 1990. This attempted, for the first time, to define contaminated land, and to create […]

Contaminated land regime

Where a local authority itself carries out remediation of land, it can recover its reasonable costs from the appropriate person(s).  In deciding whether to seek recovery of costs the authority must have regard to hardship caused to that appropriate person and also to any guidance issued by the Secretary of State.  The guidance in relation […]

Contaminated land regime

The tests above determine whether or not someone may remain within a liability group.  Because in its nature a liability group may have more than one person, some mechanism is necessary to decide how costs of remediation will be apportioned within the group.  Again different formulas are in place for class A and class B […]

Contaminated land regime

It will be clear from what is said above that more than one party may be responsible to pay for remediation as an ‘appropriate person’.  In deciding how to allocate responsibility or costs as between a number of parties, local authorities will be required to follow the guidance.  This may result in certain parties being […]

Smoking chimney stacks

The spectre of smoking chimney stacks has largely been banished into the history books of public health and pollution control. However urban skylines are expected to see a rapid increase in the number of new stacks as the drive for sustainable energy gathers momentum. However, the solutions offered by some renewable fuel systems can run […]

Contaminated land regime

Much work will need to be done in relation to mapping out the remediation process itself.  Even applying ‘suitable for use’ standards, many questions arise in relation to the practicability of certain types of work, and the cost of undertaking remediation.  It will be necessary to particularise suitable for use standards where it is vital […]