Q&As

Can aggrieved persons trigger liability for contaminated land under the EPA 1990, Pt IIA?

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Published on LexisPSL on 03/12/2013

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Can aggrieved persons trigger liability for contaminated land under the EPA 1990, Pt IIA?
  • Who can trigger Pt IIA?
  • What action might aggrieved persons take?

Aggrieved persons cannot directly trigger the liability of another person for contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA 1990).

Who can trigger Pt IIA?

Local authorities (LAs) have the sole responsibility for determining whether land appears to be contaminated land under the EPA 1990, Pt IIA. They cannot delegate this responsibility, except in accordance with the Local Government Act 1972, s

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