The Radioactive Contaminated Land Regime
Produced in partnership with Ian Truman of Burges Salmon
The Radioactive Contaminated Land Regime

The following Energy practice note produced in partnership with Ian Truman of Burges Salmon provides comprehensive and up to date legal information covering:

  • The Radioactive Contaminated Land Regime
  • Brexit impact
  • The Radioactive Contaminated Land Regime (RCL Regime)
  • The objectives of the RCL Regime
  • What is the scope of the Regime?
  • When is land contaminated under the RCL Regime?
  • Harm
  • Significant possibility of harm
  • Who is responsible for the determination of Radioactively Contaminated Land?
  • What standard of remediation is required?
  • More...

Brexit impact

This Practice Note contains information on subjects impacted by the UK’s withdrawal from the EU at 11 pm on 31 January 2020 (exit day). As of exit day, the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. For further reading, see Practice Note: Brexit—introduction to the Withdrawal Agreement.

For information on how leaving the EU will affect the UK’s membership of Euratom and the nuclear sector as a whole, see Practice Note:  Energy and Brexit—Euratom and the UK Nuclear Sector, which details the background to the Euratom Treaty and the evolving position on the UK’s exit from the Euratom Community as a corollary of Brexit. It includes discussion of Brexit and nuclear research and investment, Brexit and nuclear health and safety standards, Brexit and supply of nuclear fuel, Brexit and nuclear safeguards, Brexit and the nuclear common market, and Brexit and nuclear international agreements. It also discusses the Nuclear Safeguards Act 2018, the Nuclear Safeguards Regulations, SI 2019/196, and the government’s Brexit White Paper of 12 July 2018.

The Radioactive Contaminated Land Regime (RCL Regime)

Part IIA of the Environmental Protection Act 1990 (EPA 1990) establishes the legal framework for dealing with (non-radioactive) contaminated land in England and Wales.

EPA 1990, s 78YC empowers

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