Contaminated Land (England) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/227 |
| Year | 2000 |
2000 No. 227
ENVIRONMENTAL PROTECTION, ENGLAND
The Contaminated Land (England) Regulations 2000
Made 2nd February 2000
Laid before Parliament 9th February 2000
Coming into force 1st April 2000
The Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred on him by sections 78C(8) to (10), 78E(6), 78G(5) and (6), 78L(4) and (5) and 78R(1), (2) and (8) of the Environmental Protection Act 19901, and all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Contaminated Land (England) Regulations 2000 and shall come into force on 1st April 2000.
(2) These Regulations extend to England only.
(3) In these Regulations, unless otherwise indicated, any reference to a numbered section is to the section of the Environmental Protection Act 1990 which bears that number.
Land required to be designated as a special site
2.—(1) Contaminated land of the following descriptions is prescribed for the purposes of section 78C(8) as land required to be designated as a special site–
(a)
(a) land to which regulation 3 applies;
(b)
(b) land which is contaminated land by reason of waste acid tars in, on or under the land;
(c)
(c) land on which any of the following activities have been carried on at any time–
(i) the purification (including refining) of crude petroleum or of oil extracted from petroleum, shale or any other bituminous substance except coal; or
(ii) the manufacture or processing of explosives;
(d)
(d) land on which a prescribed process designated for central control has been or is being carried on under an authorisation where the process does not comprise solely things being done which are required by way of remediation;
(e)
(e) land within a nuclear site;
(f)
(f) land owned or occupied by or on behalf of–
(i) the Secretary of State for Defence;
(ii) the Defence Council;
(iii) an international headquarters or defence organisation; or
(iv) the service authority of a visiting force,
being land used for naval, military or air force purposes;
(g)
(g) land on which the manufacture, production or disposal of–
(i) chemical weapons;
(ii) any biological agent or toxin which falls within section 1(1)(a) of the Biological Weapons Act 1974 (restriction on development of biological agents and toxins)2; or
(iii) any weapon, equipment or means of delivery which falls within section 1(1)(b) of that Act (restriction on development of biological weapons), has been carried on at any time;
(h)
(h) land comprising premises which are or were designated by the Secretary of State by an order made under section 1(1) of the Atomic Weapons Establishment Act 1991 (arrangements for development etc of nuclear devices)3;
(i)
(i) land to which section 30 of the Armed Forces Act 1996 (land held for the benefit of Greenwich Hospital)4applies; and
(j)
(j) land which–
(i) is adjoining or adjacent to land of a description specified in sub-paragraphs (b) to (i) above; and
(ii) is contaminated land by virtue of substances which appear to have escaped from land of such a description.
(2) For the purposes of paragraph (1)(b) above, “waste acid tars” are tars which–
(a)
(a) contain sulphuric acid;
(b)
(b) were produced as a result of the refining of benzole, used lubricants or petroleum; and
(c)
(c) are or were stored on land used as a retention basin for the disposal of such tars.
(3) In paragraph (1)(d) above, “authorisation” and “prescribed process ” have the same meaning as in Part I of the Environmental Protection Act 1990 (integrated pollution control and air pollution control by local authorities)5and the reference to designation for central control is a reference to designation under section 2(4) (which provides for processes to be designated for central or local control).
(4) In paragraph (1)(e) above, “nuclear site” means–
(a)
(a) any site in respect of which, or part of which, a nuclear site licence is for the time being in force; or
(b)
(b) any site in respect of which, or part of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end;
and “nuclear site licence”, “licensee” and “period of responsibility ” have the meaning given by the Nuclear Installations Act 19656.
(5) For the purposes of paragraph (1)(f) above, land used for residential purposes or by the Navy, Army and Air Force Institutes shall be treated as land used for naval, military or air force purposes only if the land forms part of a base occupied for naval, military or air force purposes.
(6) In paragraph (1)(f) above–
“international headquarters” and “defence organisation” mean, respectively, any international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 19647;
“service authority” and “visiting force” have the same meaning as in Part I of the Visiting Forces Act 19528.
(7) In paragraph (1)(g) above, “chemical weapon” has the same meaning as in subsection (1) of section 1 of the Chemical Weapons Act 19969disregarding subsection (2) of that section.
Pollution of controlled waters
3. For the purposes of regulation 2(1)(a), this regulation applies to land where–
(a) controlled waters which are, or are intended to be, used for the supply of drinking water for human consumption are being affected by the land10and, as a result, require a treatment process or a change in such a process to be applied to those waters before use, so as to be regarded as wholesome within the meaning of Part III of the Water Industry Act 1991 (water supply)11;
(b) controlled waters are being affected by the land and, as a result, those waters do not meet or are not likely to meet the criterion for classification applying to the relevant description of waters specified in regulations made under section 82 of the Water Resources Act 1991 (classification of quality of waters)12; or
(c) controlled waters are being affected by the land and–
(i) any of the substances by reason of which the pollution of the waters is being or is likely to be caused falls within any of the families or groups of substances listed in paragraph 1 of Schedule 1 to these Regulations; and
(ii) the waters, or any part of the waters, are contained within underground strata which comprise wholly or partly any of the formations of rocks listed in paragraph 2 of Schedule 1 to these Regulations.
Content of remediation notices
4.—(1) A remediation notice shall state (in addition to the matters required by section 78E(1) and (3))–
(a)
(a) the name and address of the person on whom the notice is served;
(b)
(b) the location and extent of the contaminated land to which the notice relates (in this regulation referred to as the “contaminated land in question”), sufficient to enable it to be identified whether by reference to a plan or otherwise;
(c)
(c) the date of any notice which was given under section 78B to the person on whom the remediation notice is served identifying the contaminated land in question as contaminated land;
(d)
(d) whether the enforcing authority considers the person on whom the notice is served is an appropriate person by reason of–
(i) having caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is contaminated land, to be in, on or under that land;
(ii) being the owner of the contaminated land in question; or
(iii) being the occupier of the contaminated land in question;
(e)
(e) particulars of the significant harm or pollution of controlled waters by reason of which the contaminated land in question is contaminated land;
(f)
(f) the substances by reason of which the contaminated land in question is contaminated land and, if any of the substances have escaped from other land, the location of that other land;
(g)
(g) the enforcing authority’s reasons for its decisions as to the things by way of remediation that the appropriate person is required to do, which shall show how any guidance issued by the Secretary of State under section 78E(5) has been applied;
(h)
(h) where two or more persons are appropriate persons in relation to the contaminated land in question–
(i) that this is the case;
(ii) the name and address of each such person; and
(iii) the thing by way of remediation for which each such person bears responsibility;
(i)
(i) where two or more persons would, apart from section 78F(6), be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority’s reasons for its determination as to whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing, which shall show how any guidance issued by the Secretary of State under section 78F(6) has been applied;
(j)
(j) where the remediation notice is required by section 78E(3) to state the proportion of the cost of a thing which is to be done by way of remediation which each of the appropriate persons in relation to that thing is liable to bear, the enforcing authority’s reasons for the proportion which it has determined, which shall show how any guidance issued by the Secretary of State under section 78F(7) has been applied;
(k)
(k) where known to the enforcing authority, the name and address of–
(i) the owner of the contaminated land in question; and
(ii) any person who appears to the enforcing authority to be in occupation of the whole or any part of the contaminated land in question;
(l)
(l) where known to the enforcing authority, the name and address of any person whose consent is required under section 78G(2) before any thing required by the remediation notice may be done;
(m)
(m) where...
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