Contaminated land Definition

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GLOSSARY

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What does Contaminated land mean?

Any land in such a condition that significant harm is being caused or there is a significant possibility of such harm being caused.

The formal definition of contaminated land is generally taken to be that in the Environmental Protection Act 1990, s 78A (2), pt IIA and is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that—(a) significant harm is being caused or there is a significant possibility of such harm being caused; or (b) pollution of controlled waters is being, or is likely to be, caused.

Environment

Any land in such a condition that significant harm is being caused or there is a significant possibility of such harm being caused.

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Assignment of a rack rent lease (assignor)—checklist

Assignment of a rack rent lease (assignor)—checklist This Checklist is primarily for use on the assignment of a commercial lease. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It assumes that: • the lease is a lease of commercial property let at an open market rent to an occupational tenant under terms where the landlord insures the property • the assignor occupied the property for the purposes of their business and the assignee also intends to occupy the property for the purposes of their business • the lease is a head lease and the property is not subject to any underleases • the lease is not subject to a fixed charge (in practice this would be unusual), and • no premium is payable If the assignment is part of a larger or more complex transaction, further relevant content may be found in Sale of commercial property (seller)—checklist and Practice Note:...

Reviewing an environmental report—checklist

Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as...

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Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term defined in the Environmental Protection Act 1990, Pt IIA (EPA 1990).See Practice Note: Contaminated land—definition of contaminated land.If a local authority identifies contaminated land it must serve a remediation notice on anyone who caused or knowingly permitted the contaminant(s) to be in on, or under the land. If no such persons can be found, liability may fall on the innocent owner or occupier.The contaminated land regime is strict and retrospective. It was introduced to:•deal with the legacy of contaminated sites in the UK that would not be remediated without regulatory intervention•promote market solutions by encouraging companies to undertake voluntary remediationLiability should only be imposed under Part IIA where there is no better solution for dealing with the contamination, ie it is an option of last resort.See Practice Note: Contaminated land—objectives of the contaminated land regime.Several other regimes also deal with land contamination, including:•environmental damage,...

Contaminated land—characterising remediation actions

Determining liabilityEnforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under section 78F of the Environmental Protection Act 1990 (EPA 1990). Not all stages of the procedure will be relevant in all cases. See Practice Note: Contaminated land—process for determining liability.Step two in the procedure only applies where there is more than one significant contaminant linkage (SCL) at the site. It requires the enforcing authority to determine what remediation actions relate to which SCLs. For more information, see: Contaminated land—risk assessment—What is a contaminant linkage?.A ‘remediation action’ is any individual thing which is being, or is to be, done by way of remediation to address the contamination issue. See Practice Note: Contaminated land—meaning of remediation.Types of remediation actionThe enforcing authority should establish whether each remediation action is characterised as:•a single-linkage action because it is referable solely to a significant contaminant in a single SCL, or•a shared action because it is referable to a significant contaminant in more than one SCLSingle-linkage actionsThe procedure...

Discover our 132 Practice Notes on Contaminated land

EHS warranties—asset purchase agreement—seller’s version

EHS warranties—asset purchase agreement—seller’s version Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground) (b) land (including soil and sub-surface land); and (c) water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by such media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law and decisions of any court relating to EHS Matters. EHS Matters • any matters relating to the Environment or health and safety. Environmental Permit • any permits, licences, authorisations or consents required at Completion by the Business in relation to the use of

EHS warranties—share purchase agreement—buyer’s version

EHS warranties—share purchase agreement—buyer’s version Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground); (b) land (including any soil and subsurface land); and (c) water (including groundwater and surface water), and any ecological systems or living organisms (including humans) supported by those media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law, codes of practice and guidance notes (having legal effect) and any instructions or decisions of any court or regulatory authority that relate to EHS Matters. EHS Matters • any matters relating to the Environment, energy efficiency, climate change or health and safety. Environmental Permit • any permits, licences, authorisations, approvals, permissions, certificates, registrations, notifications, exemptions or consents required by the Company in relation to the use of Properties or the conduct of the Business pursuant to EHS Law. Hazardous Substances • any substance, whether alone or in combination with any other...

Dive into our 12 Precedents related to Contaminated land

In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable?

In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable? Environmental liability The company could be liable under a number of environmental regimes, including criminal liability under the: • Wildlife and Countryside Act 1981 (as amended) (WCA 1981) • Environmental Protection Act 1990 (EPA 1990) • Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 Civil and other liability may also arise as set out below. Potential liability under the Wildlife and Countryside Act 1981 Offence Japanese knotweed (Polygonum cuspidatum) is an invasive non-native species (INNS). It is an offence under WCA 1981, s 14(2) if any person ‘plants or otherwise causes to grow in the wild' a plant listed in WCA 1981, Sch 9 Pt II (eg Japanese knotweed). Whether or not the company has committed an offence is likely to depend on how and where its customers have used the product and whether this has...

When can a landlord carry out environmental investigations?

When can a landlord carry out environmental investigations? What if a landlord is concerned about pollution at its property? Soil and groundwater contamination can significantly reduce property value and lead to clean up liabilities for the landlord as owner. See Practice Notes: Contaminated land—who may be liable?, Contaminated land—identifying Class A and B appropriate persons, and Environmental liabilities—what are clean-up liabilities? Properties with environmental permits, carrying out polluting activities (manufacturing, waste, hazardous substances) or with underground storage tanks (USTs) are particularly high risk. If a landlord wants access to check for pollution, either during or at the end of the term, it will need agreement from the tenant or an express clause for environmental investigations in the lease. Phase 1 audits involving site walkovers might be permitted by an inspection clause. Phase 2 soil, groundwater and gas testing that can cause damage or disruption to the tenant's business requires specific wording permitting intrusive phase 2 site investigations. See Practice Notes: Types of environmental investigations and Intrusive...

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Public Law weekly highlights—19 June 2025

This week's edition of Public Law weekly highlights includes: Lord Reed delivers a significant ‘institutionalist’ speech on trust in the courts in a populist age, the UK-EU political agreement on Gibraltar establishing a customs union between the EU and Gibraltar, alongside criticism of the treaty scrutiny process in Parliament, with Dame Emily Thornberry calling it “rubbish” during a Commons debate. Also in this edition, a major speech from Lord Chancellor Shabana Mahmood about the ECHR. Case law updates include the Administrative Court’s dismissal of judicial review claims against VAT on private school fees, finding the Finance Act 2025 changes justified in human rights law terms, and the High Court’s rejection of an injunction sought against protestors who opposed the EHRC’s stance following the Supreme Court’s ruling in For Women Scotland Ltd v Scottish Ministers, with the court finding no imminent risk of trespass. This edition features further updates on Brexit highlights, Brexit SIs, Post-Brexit guidance, Constitutional and administrative law, Judicial review, Equality and human rights, State security and intelligence, Information...

Local Government weekly highlights—19 June 2025

This week's edition of Local Government weekly highlights includes: expert analysis on the proposed reforms and implications of modernising planning committees and on the planning reform working paper on reforming site thresholds. Case reports include Norton v Haringey LBC, in which the Court of Appeal dismissed an appeal on whether a section 189A housing needs assessment was a condition precedent to determine suitability of offered accommodation under Housing Act 1996; Re H (Care Proceedings: Risk Assessment), in which the Court of Appeal considered an appeal by a LA contesting a family court decision to return a child to her mother under a supervision order; R (CY) v The Independent Review Panel of PQR Academy Trust, in which the court dismissed a judicial review claim by a child challenging the IRP decision to uphold their permanent exclusion from a secondary academy; R (Peacekeepers Foundation) v Liverpool and Knowsley Magistrates Court, in which the court ruled on a judicial review application by PeaceKeepers Foundation against a liability order issued by Liverpool City...

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