ABSTRACT

The new regime provides, for the first time, an explicit definition of contaminated land, focussing on risks arising from the land in the context of its current use. It places specific duties on local authorities to inspect their areas to identify contaminated land. Where such land is identified local authorities are obliged to require its remediation in line with the ‘suitable for use’ approach. The regime also provides rules for assigning liabilities for contaminated land, based on the ‘polluter pays’ principle. Local authorities are required to publish a strategy for inspecting their area by July 2001. The Environment Agency is responsible for providing advice to local authorities on specific sites, dealing with ‘special sites’, and monitoring and reporting on progress. Local authorities and the Environment Agency must record prescribed information about their actions on a public register.