LAW OF THE LAND - page 1Date added: 01/12/2000

Environmental legislation will mean implications to land owners and developers says Robert Chapman

Finally, after 10 years of deliberation, April this year saw the Government bring into force in England Part IIA of the Environment Protection Act 1990, a byzantine, complex law which will have profound effects on all aspects of real estate.

The regime establishes a retrospective liability for remediating land and also bodies of water contaminated by historic pollution incidents. Predominantly, sites in Wales comprise former collieries, disused docks, railways and heavy industry sites. Generally, such areas are not as contaminated as elsewhere in the UK where some have contained carcinogens. The purpose of the regime is to identity land which is contaminated and to remediate it to a standard that is "suitable for use". It will deal only with land that poses an unacceptable risk to human health or to the environment but will not include land that may contain contaminants if it does not cause, or is not likely to cause, significant harm or pollution.

Local authorities and the Environment Agency will be under a duty to establish responsibility for remediation and the appointment of costs.

For Wales and Scotland this is something that will happen in the near future because each country will be producing its own statutory guidance and regulations.