The following Environment guidance note provides comprehensive and up to date legal information covering:
Parties to a transaction may decide to address the allocation of known or potential remediation costs under the Environmental Protection Act 1990, Pt IIA (EPA 1990) as an express part of a deal, eg when transferring land.
An agreement on liabilities exists where:
two or more persons are 'appropriate persons' responsible for all or part of the costs of a remediation action
they agree, or have agreed, the basis on which they wish to divide that responsibility
a copy of the agreement is provided to the enforcing authority, and
none of the parties informs the enforcing authority that it challenges the application of the agreement
An 'appropriate person' is the:
person(s) who caused or knowingly permitted the contaminating substances to be in, on or under the land in question (Class A), or
owner or occupier of the contaminated land, but only where a Class A person cannot be found (Class B)
For more information, see Practice Note: Contaminated land—identifying Class A and B appropriate persons.
The statutory guidance generally requires the enforcing authority to give effect to such agreements between the parties.
For this reason, the rules on exclusion, apportionment or attribution should not be applied between the parties to the agreement.
However, those rules should be applied
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