With active implementation of the contaminated land regime and pending
obligations regarding the removal or making safe of asbestos, what can
property owners expect to have to do in terms of fulfilling their duties
in relation to environmental and health and safety matters?
The Continuing Impact of the Contaminated Land Regime
The contaminated land regime was brought into effect in England on 1
April 2000. It came into effect in Scotland on 14 July 2000 and in Wales
on 15 September 2001. It applies to any kind of land, whether residential,
commercial, industrial or agricultural. It can affect owners, occupiers,
developers and lenders. The legislation which is contained in Part IIA
Environmental Protection Act 1990 and in regulations and statutory
guidance is retrospective: existing and future contamination is covered.
It is a very complex area of law and one which cannot be ignored.
