Environmental Protection Act 1990 - Part IIA - Contaminated Land

Contaminated land is "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that" (s.78A):

• "Significant harm is being caused or there is a significant possibility of such harm being caused; or
• Significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."

The Act does not apply to contamination from radioactivity (s.78YC) but similar provisions have been made under subsequent regulations.

Local authorities have a duty periodically to survey their locality and, using guidance defined by the Secretary of State, to designate contaminated land as a special site, advising the EA or SEPA (ss.78B-78C). The authority, EA or SEPA must then serve a remediation notice on the appropriate person (s.78E).

The appropriate person responsible for remedial work is "any person, or any of the persons, who caused or knowingly permitted the substances" giving rise to the designation "to be in, on or under that land" (s.78F(2)). If no such person can be identified after reasonable enquiries, the present owner or occupier is the appropriate person (s.78F(4)-(5)). Any persons controlling other land to which access is required for remediation must grant such access and may apply to the appropriate person for compensation (s.78G). The appropriate person is deemed to be responsible for remediation of other land into which substances have escaped (s.78K).

The appropriate person may appeal a notice within 21 days to (s.78L):

• The Magistrates' Court, or Sheriff Court in Scotland, where the notice was served by the local authority; or
• The Secretary of State, where the notice was served by the EA or SEPA.

There is a further right of appeal from the Magistrates' Court to the High Court. but ultimately it is a crime not to comply with a notice (s.78M). The locat authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so (s.78N). The authority have discretion as to whether to make the appropriate person responsible for the costs (s.78P).

Local authorities, the EA and SEPA must maintain a register of notices that is publicly available save for reasons of confidentiality and national security (ss.78R-T).