Contaminated land—enforcement of remediation notices
Contaminated land—enforcement of remediation notices

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Contaminated land—enforcement of remediation notices
  • Consequences of non-compliance
  • Prosecution for non-compliance
  • Civil proceedings to secure compliance
  • Remediation by the enforcing authority

Consequences of non-compliance

If a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether to:

  1. prosecute

  2. commence civil proceedings

  3. carry out the remediation work itself

Prosecution for non-compliance

Offence

It is an offence to fail to comply with any of the requirements of a remediation notice without reasonable excuse. This means a person may be prosecuted even where there has been partial compliance with a notice. The question whether a person has a reasonable excuse for non-compliance is a matter of fact to be decided on the particular circumstances of the case.

Before bringing a prosecution, the enforcing authority should inform the appropriate person that it is considering taking t