What is Contaminated Land?

"Contaminated Land" is defined by the Environmental Protection Act (1990) and amendments dated 1995 (Part IIA) and 2006 (extension of the legislation to include radioactive contamination).

 

Part IIA of the Environmental Protection Act 1990 consists of sections 78A to 78YC, which were inserted by section 57 of the Environment Act 1995.  The Acts came into force from 1/4/2000 in England & Wales and 14/7/2000 in Scotland.  The extension to include land contaminated by radioactive waste came into force on 4 August 2006.

 

The Local Authority (Nuneaton and Bedworth Borough Council) is the regulatory authority for contaminated land within the boundaries of Nuneaton and Bedworth.  

 

Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in on or under the land, that  –

Significant harm is being caused or there is a significant possibility of such harm being caused; or

Pollution of controlled waters is being, or is likely to be caused.

 

Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in on or under the land, that  –

 

Significant harm is being caused or there is a significant possibility of such harm being caused; or

Significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused.

 

However, this section has not been fully enacted and hence these revised definitions are not yet in use.

 

In order for a site to be determined as "Contaminated Land", a "pollutant linkage" must exist.  The pollutant linkage consists of a pollutant (the contaminant), a pathway (the route for the contaminant to move along) and a receptor (person, property).  All three must be linked in order for the land to be determined as contaminated.

 

In practice, most sites with a previous potentially contaminating history are remediated to a condition suitable for use under the planning regime rather than the Part IIA legislation.

 

In certain cases, the Environment Agency is the regulatory authority for the contaminated land legislation.  This arises if the site under investigation has been used for certain processes, or if the site is situated on bedrock classed as a Major Aquifer (i.e. water-bearing strata).  In the legislation, these sites are referred to as "Special Sites". Details are given in:

Statutory Instrument 2000 No 227 The Contaminated Land (England) Regulations 2000, Section 2 and Schedule 1.  

 

Click here for information about the Contaminated Land Register.

 

At the present time (14 July 2008), no sites have been determined as contaminated land or Special Sites in the Nuneaton and Bedworth Borough Council area.