Legal measures

Government policy

Government policy aims for contaminated land were originally set out in the paper Framework for Contaminated Land (DoE/ WO November 1994). In outline they are:

  • to prevent or minimise new contamination;
  • to act on existing contamination depending on risks and cost effectiveness of action;
  • improve sites in line for 'suitable for current use'; and
  • encourage development of contaminated sites (brownfields) to minimise avoidable pressures on greenfield sites.

Environmental permitting and land contamination

Industrial activities which may result in contamination of land are covered by Environmental Permitting (see emissions overview).

The applicant for a permit is required to take account of their process’s potential to cause contamination of the ground, to ensure that risks of contamination are minimised and, depending on the site’s individual circumstances, to carry out survey work and establish existing levels of ground contamination before a permit is issued.

Contaminated land regulations

Provisions for regulators to investigate contaminated land, draw up registers and pursue persons responsible for causing contamination were originally included in Part II of the Environmental Protection Act of 1990. (See EEF's Register of Environmental Legislation). 
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