The Impact of Environmental Laws : Land Contamination

Introduction:

In the United Kingdom, there are numerous laws and regulations to protect the environment.

This includes legislation related to land contamination that has been in place since 1998. These laws can have a major impact on property owners, buyers, tenants and lenders. Let’s take a look at how environmental offences affect people who own property in the UK.

Identifying Appropriate Persons for Clean-up

Under the Environmental Protection Act 1990 (EPA), local authorities are responsible for determining which persons are liable for clean-up operations following a landfill or site contamination incident.

An appropriate person may be held liable if they have owned or controlled a site that is found to be contaminated and they caused or knowingly permitted pollution of land. If no appropriate person can be identified, then all current and former owners of the land will be held responsible, as well as any occupiers and those who had control over polluting activities on the land.

Issuing Remediation Notices

Local authorities also have powers to require an appropriate person to carry out remedial action if it is necessary to protect human health or prevent environmental damage due to contamination.

This is done through issuing remediation notices under Section 78A of the EPA which requires the specified person(s) to either take action themselves or pay for the local authority to do it instead. These notices can be issued regardless of whether or not legal proceedings against them have commenced.

Compiling a Register of Contaminated Land

The contaminated land register is compiled by local authorities in order to keep track of sites which are known or suspected to contain hazardous materials that could present risks to humans or wildlife if left untreated.

The register helps local authorities identify sites where remedial action may be needed, as well as provide information about potential sources of pollution that might affect neighbouring properties or communities. It is important for property owners in the UK to check this register before buying a piece of land, as it could indicate potential liabilities associated with owning such property.

Conclusion:

Property ownership comes with many responsibilities and liabilities, especially when it comes to environmental issues such as land contamination. In the UK, there are specific laws and regulations in place that aim to protect both human health and the environment from any potential harm caused by such contaminants. As a result, property buyers need to ensure they understand their obligations under these laws before entering into any agreement with sellers, tenants or lenders regarding ownership rights and responsibilities associated with their chosen plot of land.

Taking these precautions can help minimise risk associated with potential environmental liabilities down the line!

We provide guidance and information on our articles, but they are not a substitute for direct advice from professionals. Please contact us should any of the information in this article be relevant to you or your circumstances.

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