Contaminated land is land which, because of substances in, on or under it, presents a significant possibility of significant harm to people or other receptors. Contamination may arise because the land has previously been used for industrial or other economic purposes, or because it contains naturally occurring substances such as metals or gases at levels that are harmful to health if ingested, inhaled or touched.
An estimated 300,000 hectares of land in the UK are affected to some degree by contamination left by industrial activity.
The contamination may be caused by leaks and spillages from pipes or tanks, by the disposal of waste materials on the site , by the demolition of buildings containing toxic elements such as asbestos or by any number of other processes or activities that occurred while the plant was operating or while it was being closed down.
The legal framework
The UK has a comprehensive legal framework for dealing with contaminated land. The most important piece of legislation is Part 2A of the Environmental Protection Act 1990 which must be read with the Statutory Guidance in Annex 3 of Defra Circular 01/2006. In May 2006 the Act was amended by the Contaminated Land (England) Regulations 2006 to take account of radioactively contaminated land. The EU Environmental Liability Directive now supplements the 1990 Act to prevent and remedy environmental damage including "land damage" which presents a threat to human health.
Competency framework for contaminated land regulators
The CIEH is currently developing a framework of core competencies for use by individuals who are responsible for aspects of the regulation of contaminated land within local authorities. Consultation on the framework took place in the first half of 2010 and comments are now being considered. Further information can be obtained from Howard Price, Principal Policy Officer.