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

The following Environment guidance note Produced in partnership with Ian Truman of Burges Salmon provides comprehensive and up to date legal information covering:

  • The Radioactive Contaminated Land 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?
  • What does remediation involve?
  • Who is responsible for remediation?

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 to the Secretary of State to make regulations applying the Part IIA regime (with necessary modifications) for the purpose of dealing with harm attributable to radioactivity (‘the Radioactive Contaminated Land Regime’ or ‘RCL Regime’).

These powers have been exercised in the form of:

  1. the Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005, SI 2005/3467 (as amended by the Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2010, SI 2010/2147 and the Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018, SI 2018/429); and

  2. the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006, SI 2006/1379 (as amended by the Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2007, SI 2007/3245; the Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2008, SI 2008/520; the Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2010, SI 2010/2147, the Nuclear Installations (Liability for Damage) Order 2016, SI 2016/562 (which haven’t yet come into force); and the Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018, SI 2018/429)

The Department for Business, Energy and Industrial Strategy has published legally binding statutory guidance