Two statutory instruments have been issued relating to the identification and remediation of contaminated land. They were both laid before Parliament 23rd May 2006 and enter into force on 4th August 2006.

The Contaminated Land (England) Regulations 2006 (SI 2006 No. 1380) consolidate the provisions of the Contaminated Land (England) Regulations 2000 (S.I. 2000/227) and the Contaminated Land (England) (Amendment) Regulations 2001 (SI 2001/663) with amendments. These Regulations, which apply to England only, also set out provisions relating to the identification and remediation of contaminated land under Part 2A of the Environmental Protection Act 1990 (”the 1990 Act”).

The Regulations make provision for an additional description of contaminated land that is required to be designated as a special site (see regulation 2): that is, land which is contaminated land as a result of radioactive substances in, on or under that land. This is subject to separate new legislation, the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006 No. 1379)

The Regulations also remove provisions relating to appeals against remediation notices to a magistrates’ court, as a result of amendments to section 78L of the 1990 Act made by section 104 of the Clean Neighbourhoods and Environment Act 2005.

The Regulations are available from: http://www.opsi.gov.uk/si/si2006/20061380.htm and http://www.opsi.gov.uk/si/si2006/20061379.htm.

Source: www.opsi.gov.uk (accessed 05/06/06)

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