The Environmental Protection Act 1990 (Part 2A) focuses on the identification, assessment, and remediation of contaminated land. Through this process, land that poses a significant risk to the environment or human health or the environment is managed and cleaned up appropriately.
Contaminated land is defined in this act as any land where substances are present in, on, or under the land that may cause significant harm to people, property, protected species, or the environment, or cause pollution of controlled waters. Local authorities must identify sites that have been contaminated and inspect them to assess risk. Following inspection, a risk assessment will be conducted, and measures must be taken to mitigate risks, which can include treating or managing the contamination.
The EPA also states that responsibility for remediation works required is the ‘appropriate person’ which may be the polluter, landowner, or in case no appropriate person is identified, the local authority. There is detailed guidance relating to methodologies proposed for both identifying and managing land identified as contaminated and a register of contaminated land must be maintained.
