ARTICLE · 26 SEPTEMBER 2006

DEFRA Issues New Circular On Contaminated Land

CMS Cameron McKenna Nabarro Olswang

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The statutory provisions dealing with contaminated land contained in Part IIA of the Environmental Protection Act 1990 need to be read in conjunction with the statutory and other guidance issued by, in the case of England, DEFRA.

United KingdomEnvironment

Kathy Mylrea

Paul Sheridan

The statutory provisions dealing with contaminated land contained in Part IIA of the Environmental Protection Act 1990 need to be read in conjunction with the statutory and other guidance issued by, in the case of England, DEFRA.

DEFRA has issued Circular 01/2006 entitled "Environmental Protection Act 1990: Part 2A Contaminated Land". The new Circular replaces the previous guidance document – DETR Circular 02/2000.

Circular 01/2006 now combines the guidance on contaminated land with new specific guidance on radioactivity and the extension of Part 2A to address radioactivity. The previous guidance has been updated in the non-statutory sections to take account of developments since 2000, including the Contaminated Land (England) Regulations 2006 which came into force on 4th August 2006, but is otherwise substantively unchanged in most respects. DEFRA has also decided to change the way it refers to Part IIA – now referring to Part 2A.

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