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

Copyright © 2025 LexisNexis

Published by a LexisNexis Environment expert

Practice notes

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

Copyright © 2025 LexisNexis

Published by a LexisNexis Environment expert

Practice notes

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When can enforcing authorities carry out remediation work?

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

•
there is an imminent danger of serious harm or serious pollution of controlled waters
•
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
•
a person fails to comply with any of the requirements in a remediation notice
•
it is precluded

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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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