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The Contaminated Land (England) Regulations 2006

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Explanatory Note

(This note is not part of the Regulations)

These Regulations 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.

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(1).

Regulations 2 and 3, and Schedule 1, identify those categories of site (known as “special sites”) in relation to which the Environment Agency is to be the enforcing authority. Local authorities are the enforcing authority in relation to any other type of site.

Regulations 4 and 5 provide for the content and service of copies of “remediation notices”, that is, notices served by a local authority or the Environment Agency specifying what is to be done by way of remediation and the time for taking any action.

Regulation 6 and Schedule 2 make provision in relation to the compensation which is to be paid in accordance with section 78G(5) of the 1990 Act to a person who grants, or joins in granting, rights of entry etc required to enable a person to comply with a remediation notice.

Regulations 7 to 12 make provision with respect to appeals against remediation notices, including the grounds of appeal and the procedure to be followed.

Regulation 13 and Schedule 3 prescribe the particulars of matters which are required under section 78R of the 1990 Act to be placed on a register maintained by local authorities or, in the case of special sites, by the Environment Agency.

To the extent that provisions in these Regulations arise solely by virtue of the consolidation, no Regulatory Impact Assessment has been prepared in relation to these provisions, as there is no additional impact on the costs of business. In so far as the Regulations extend to land contaminated by radioactive substances, a Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies of this document can be obtained from the Radioactive Substances Division, Department for Environment, Food and Rural Affairs, Zone 3/G27, Ashdown House, 123 Victoria Street, London, SW1E 6DE.

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