Contaminated land—enforcing authorities' power to carry out remediation work
Contaminated land—enforcing authorities' power to carry out remediation work

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

  • Contaminated land—enforcing authorities' power to carry out remediation work
  • When can enforcing authorities carry out remediation work?
  • Prohibition on serving remediation notices

When can enforcing authorities carry out remediation work?

Enforcing authorities have power to do what is 'appropriate' by way of remediation under the Environmental Protection Act 1990, Pt IIA (EPA 1990) to the 'relevant land or water environment' where:

  1. there is an imminent danger of serious harm or serious pollution of controlled waters

  2. an appropriate person has entered into a written agreement with the enforcing authority for the authority to carry out the work at the cost of that person

  3. a person fa