Skip to content

Contaminated land

Dead tree branch in contaminated land

Information on the legislation, guidance and responsibilities for dealing with contaminated land.

On 15 September 2001 an improved system or regime for the identification and remediation of contaminated land came into force.

 

The contaminated land regime is referred to as "Part IIA" or "Part 2A", meaning Part 2A of the Environmental Protection Act 1990 and related guidance and regulations.

 

In December 2006, the contaminated land regime was extended to cover radioactivity.
 

The extended regime provides a system for identifying and addressing land that causes lasting radiation exposure to any one. The regime only applies to radioactivity that arises as a result of human activities.
 

The regime gives a definition of contaminated land.  The definition focuses on the risks arising from the current use and circumstances of land.

 

The regime also provides rules for assigning liabilities for contaminated land, based on the "polluter pays" principle.

 

Local authorities

 

The regime places duties on local authorities to:

 

  • inspect their areas;
  • identify contaminated land;
  • address the issues in line with the "suitable for use" approach.

Local authorities are required to publish a strategy for inspecting their area.

 

The Environment Agency is responsible for dealing with defined "special sites", and monitoring and reporting on progress made.

 

Radioactive Contaminated Land (modification of enactments) (Wales) (Amendment) Regulations 2008


The Regulations make minor technical amendments necessary to bring the radioactive contaminated land regime in line with the new Environmental Permitting (EP) regime. The EP regime came into force on 6 April 2008 and can be found under relevant documents.

 

Visit: Radioactive Contaminated Land (modification of enactments) (Wales) (Amendment) Regulations 2008 (external link)