The following Environment practice note provides comprehensive and up to date legal information covering:
A remediation notice is a formal written notice that requires an 'appropriate person' to carry out the remediation of contaminated land under the Environmental Protection Act, 1990, Pt IIA (EPA 1990). For further information, see Practice Note: Contaminated land—meaning of remediation.
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
the owner or occupier of the contaminated land, but only where a Class A person cannot be found (Class B)
For further information, see Practice Note: Contaminated land—identifying Class A and B appropriate persons.
According to the Environment Agency's (EA) report on Dealing with contaminated land in England, published in April 2016, only 19 remediation notices have been issued under Part IIA in England (one of which was in relation to a special site). This compares with 446 remediation statements and 24 remediation declarations.
According to Natural Resources Wales' (NRW) report on State of contaminated land in Wales, published in April 2016, only four remediation notices have been issued under Part IIA in Wales (none of which have been in relation to a special site). This compares with 20 remediation statements and two remediation declarations.
Anyone served with a remediation notice must comply with the remediation notice in the timeframe specified in
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