Overview
Contaminated land legislation was introduced in England in April 2000 as Part 2A of the Environmental Protection Act 1990.
The definition of contaminated land is:
“any land which appears to the local authority in whose area it is situated to be in such a condition, by reasons of substances in, or under the land, that -
- significant harm is being caused or there is a significant possibility of such harm being caused; or
- significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused;…”
Previous land uses have left a legacy of contamination across the country, and the above legislation has been developed to ensure such problems are addressed for the wellbeing and safety of human health and the environment.
Contamination can be caused by a wide range of activities, including engineering, mining, railways, infilling of land, military use, transport depots, to name but a few.
Contamination is not always man-made and can be caused by elevated levels or naturally occurring substances, such as arsenic or methane. Radioactivity is also considered within Part 2A of the Environmental Protection Act 1990.