Contaminated land legislation

• Environment Act 1995

  Establishes the Environment Agency and SEPA as the regulatory bodies for contaminated land, control of pollution, conservation or enhancement of the environment and fisheries.

• Environmental Protection Act 1990

  Establishes the legislative framework for identifying and dealing with contaminated land.

• Contaminated Land (England) Regulations 2006 SI 1380

  Sets out provisions relating to the identification and remediation of contaminated land. Identifies sites requiring regulation as ‘special sites’ and adds land contaminated by radioactive substances to this classification.

• Control of Pollution (Oil Storage) (England) Regulations 2001 SI 2954

  Imposes general requirements for preventing pollution of controlled waters from oil storage, particularly fixed tanks or mobile bowsers. Makes contravention a criminal offence.

• NEW Environmental Damage (Prevention and Remediation) Regulations 2009 SI 153

  Brings into force rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not need to be prosecuted first, so remedying the damage will be faster.

• Radioactive Contaminated Land (Enabling Powers)(England) Regulations 2005 SI 3467

  Outlines the system to be used for identifying and remedying land contaminated by radioactive substances.

• Radioactive Contaminated Land (Modification of Enactments)(England) 2006 SI 1379

  Outlines measures for identifying and remedying contaminated land in situations where the operator of a nuclear installation is liable under the Nuclear Installations Act 1965

• Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2007 SI 3245

  Amends 2006/1379 to make modifications made to Part 2A of the Environmental Protection Act 1990 apply to all radioactivity.

• Radioactive Contaminated Land (Modification of Enactments)(England) (Amendment) Regulations 2008 SI 520

  Makes further technical amendments to 2006/1379 following the Environmental Permitting Regulations (England and Wales) Regulations 2007 SI 3538 coming into force.

• Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2010 SI 2147

  Amends 2005/3467 and 2006/1379 by redefining ‘substance’, removing the exclusion for radon and its decay products where they are the result of the after effects of a radiological emergency or past activity.

• Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 SR 252

  Brings into force rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster.

• Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2009 SR 361

  Amends 2009/252 to update how warrants can be issued and enforced, give magistrates more flexibility in the fines they can apply for conviction and to clarify that references to European legislation include any future amendments.

• Radioactive Contaminated Land Regulations (Northern Ireland) 2006 SR 345

  Lays down basic safety standards for protecting the health of workers and the public from the dangers of ionising radiation.

• Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations 2010 SR 2145

  Amends 2006/345 by redefining ‘substance’, removing the exclusion for radon and its decay products where they are the result of the after effects of a radiological emergency or past activity.

• Waste and Contaminated Land (Northern Ireland) Order 1997 SI 2778 (NI 19) (including updates)

  Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.

• Contaminated Land (Scotland) Regulations 2000 SSI 178

  Introduces a scheme for remedying contaminated land, identifies 'special sites' enforced by SEPA, remediation notices and their contents, and sets out the information to be held on a contaminated land register maintained by local councils.

• Contaminated Land (Scotland) Regulations 2005 SSI 658

  Aligns the contaminated land regime with the water environment protection regime where contaminated land is a source of pollution.

• Environmental Liability (Scotland) Regulations 2009 SSI 266

  Brings into force rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster.

• Radioactive Contaminated Land (Scotland) Amendment Regulations 2009 SSI 202

  Amends 2007/179 in terms of radioactive contaminated land (excludes land contaminated by nuclear sources). Empowers SEPA to determine if such land is “contaminated land” and amends the definition of 'substance' in 2007/179 and 2007/3240.

• Radioactive Contaminated Land (Scotland) Regulations 2007 SSI 179

  Makes provisions for Part IIA of the Environment Protection Act 1990 to cover the identification and remediation of radioactive contaminated land.

• NEW Radioactive Contaminated Land (Scotland) (Amendment) Regulations 2010 SSI 2153

  Amends 2007/179 and 2009/202 to change the definition of ‘substance’ to include radon and its decay products for both nuclear and non-nuclear incidents.

• Water Environment (Oil Storage) (Scotland) Regulations 2006 SSI 133

  Sets out standards for the design and installation of oil storage containers, and timescales for businesses to comply with the rules.

• Contaminated Land (Wales) Regulations 2006 SI 2989

  Sets out further provisions for Wales for the identification and remediation of contaminated land. Adds land contaminated by radioactive substances as a ‘special site’.

• Environmental Damage (Prevention and Remediation)(Wales) Regulations 2009 SI 995

  Brings into force for Wales rules to force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not have to be prosecuted first, so remedying the damage should be faster.

• Radioactive Contaminated Land (Modification of Enactments)(Wales) Regulations 2006 SI 2988

  Makes provision in Wales for identifying and remedying radioactive contaminated land in circumstances other than where the operator of a nuclear installation is liable under the Nuclear Installations Act 1965

• Radioactive Contaminated Land (Modification of Enactments)(Wales)(Amendment) Regulations 2007 SI 3250

  Amends 2006/2988 to make modifications made to Part 2A of the Environmental Protection Act 1990 apply to all radioactivity.

• Radioactive Contaminated Land (Modification of Enactments)(Wales)(Amendment) Regulations 2008 SI 521

  Makes further technical amendments to 2006/2988 following the Environmental Permitting Regulations (England and Wales) Regulations 2007 SI 3538 coming into force.

• Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2010 SI 2146

  Amends 2006/2988 by redefining ‘substance’, removing the exclusion for radon and its decay products where they are the result of the after effects of a radiological emergency or past activity.