Contaminated Land Strategy

Re-development of contaminated land

The new statutory regime for the identification and control of contaminated land came into force in England on 1 April 2000, under Part 2A of the Environmental Protection Act (EPA) 1990. Part 2A was inserted by Section 57 of the Environment Act 1995. DEFRA Circular 01/2006 contains the statutory guidance on contaminated land, which details the key methods and procedures by which each local authority will implement Part 2A.

The main purpose of Part 2A is to provide a specific definition of contaminated land and to provide a regulatory system for the identification of land that is presenting unacceptable risks to health, controlled waters or to the environment. It includes procedures for apportionment of liability and for securing remediation where unacceptable risks cannot be controlled by other means, underpinned by the "polluter pays" principle.

There is a clear obligation for the local authority to prepare, adopt, publish and implement a formal written strategy for the inspection of land within the Salford boundary. In July 2001 Salford City Council published its first Contaminated Land Strategy that outlined how we intend to tackle the problem.

The strategy is currently under review.

Determinations

For land to be legally determined as ‘contaminated land', the local authority must satisfy itself, through inspection, that a pollution linkage exists in relation to land. A pollutant linkage is the relationship between a contaminant, a pathway and a receptor. Unless all three elements of a pollutant linkage are present land cannot be determined as contaminated under the Part 2A regime. Where a pollutant linkage exists, the local authority must also satisfy itself that it is significant enough to warrant action. They must consider the degree of possibility and likelihood of significant harm and the pollution of controlled waters.

The council has a duty under the EPA 1990, section 78R(1) to maintain a Register which records Part 2A decisions on contaminated land, the remediation required, and any subsequent actions.

At present there are no records held within the Contaminated Land Register.