Steps an Insolvency Practitioner (IP) should take when faced with contaminated land
Produced in partnership with Bond Dickinson LLP
Steps an Insolvency Practitioner (IP) should take when faced with contaminated land

The following Restructuring & Insolvency practice note produced in partnership with Bond Dickinson LLP provides comprehensive and up to date legal information covering:

  • Steps an Insolvency Practitioner (IP) should take when faced with contaminated land
  • Background to the contaminated land regime (the regime)
  • What is it?
  • Who designates land as contaminated?
  • Who is responsible?
  • Exclusion tests
  • Determining responsibility for clean-up
  • Remediation
  • Insolvency Practitioners (IPs)
  • What an IP should do
  • More...

Background to the contaminated land regime (the regime)

What is it?

Contaminated land is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, where:

  1. significant harm is being caused, or there is a significant possibility of such harm being caused

  2. significant pollution of controlled waters (ie territorial waters, coastal waters, inland fresh waters and ground waters) is being, or there is a significant possibility of such pollution being caused

To prove that the land is contaminated for the purposes of the legislation, the regulator will need to show that there is a 'contaminant linkage', which involves demonstrating the following:

  1. there is a source (contaminant/s in, on or under the land which has the potential to cause significant harm or to cause significant pollution of controlled waters)

  2. there is a relevant receptor (eg housing or an underlying aquifer)

  3. there is a pathway from the source to the receptor (eg migration of contamination from the soil to groundwater) and

  4. as a result of the source-receptor-pathway linkage, significant harm is being caused (or there is a significant possibility of such harm being caused), or water pollution is being caused (or is likely to be caused)

Harm should be assessed by reference to the land’s current use (residential, commercial etc) and

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