Contaminated land—remediation notices (service and appeal)

Published by a ³ÉÈËÓ°Òô Environment expert
Practice notes

Contaminated land—remediation notices (service and appeal)

Published by a ³ÉÈËÓ°Òô Environment expert

Practice notes
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What is a Remediation Notice?

A remediation notice is a formal written notice that requires an 'appropriate person' to Carry out the remediation of Contaminated land under the Pt IIA of the Environmental Protection Act, 1990 (EPA 1990). For further information, see Practice Note: Contaminated land—meaning of remediation.

An ‘appropriate person’ is:

  1. •

    the person(s) who caused or knowingly permitted the contaminating substances to be in, on or under the land in question (Class A), or

  2. •

    the owner or occupier of the contaminated land, but only where a Class A person cannot be found (Class B)

For further information, see Practice Note: Contaminated land—identifying Class A and B appropriate persons.

According to an Environment Agency's (EA) report on Dealing with contaminated land in England, only 19 remediation notices had been issued under Part IIA in England (one of which was in relation to a special site). This compared with 446 remediation statements and 24 remediation declarations. Similarly, the Natural Resources Wales' (NRW) report on State of contaminated land in Wales, revealed that only four remediation

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Jurisdiction(s):
United Kingdom
Key definition:
Contaminated land definition
What does Contaminated land mean?

Any land in such a condition that significant harm is being caused or there is a significant possibility of such harm being caused.

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