The Contaminated Land (England) (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Contaminated Land (England) Regulations 2006 (“the 2006 Regulations”) (S.I. 2006/1380).

Regulation 2(2) of these Regulations amends the circumstances set out in regulation 3 (pollution of controlled waters) of the 2006 Regulations in which contaminated land affecting controlled waters is required to be designated as a special site. The amendment takes account of protected areas under Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ No L 327, 22.12.00, p1).

Regulation 2(2) also amends regulation 3(c) (pollution of controlled waters) of the 2006 Regulations to take account of the updated definition of “controlled waters” in section 78A(9) of the Environmental Protection Act 1990 (c. 43).

These Regulations limit the application of regulation 11 (modification of a remediation notice) of the 2006 Regulations to appeals commenced prior to 6th April 2012. In relation to those appeals, regulation 11 provides that, prior to the Secretary of State modifying a remediation notice in a way which would be less favourable to the appellant or any other person on whom that notice was served, the Secretary of State is required to notify those persons, and to permit them to make representations and to be heard in relation to the proposed modification.

Regulation 2(4) amends paragraph 6(4) of Schedule 2 to the 2006 Regulations to remove an incorrect reference to the repealed section 2(1) of the Land Compensation Act 1961 (c. 33) and to provide for the appropriate application of particular references.

An impact assessment of the effect that changes to the contaminated land regime, making reference to the main impacts of these Regulations, will have on the costs of business and the voluntary sector has been produced, and a copy is available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. It is published alongside the Explanatory Memorandum and this instrument at www.legislation.gov.uk. No separate impact assessment was made for these Regulations.