Introduction
Part IIA provides the legislative framework for the
identification and remediation of contaminated land, introducing
for the first time a statutory definition of contaminated land. It
is aimed at addressing land which has been historically
contaminated and which poses unacceptable risks to human health or
the wider environment in the context of the current land use. The
provisions of Part IIA came into force in Scotland on 14th July
2000.
The primary legislation contains the structure and main
provisions of the new regime. It consists of sections 78A to 78YC
of the Environmental Protection Act 1990, which were inserted by
section 57 of the Environment Act 1995. In addition to the
requirements contained in the primary legislation, operation of the
regime is subject to regulations and statutory guidance.
- The
statutory guidance: edition 2
provides the detailed framework for the definition,
identification and remediation of contaminated land, as well as
exclusion from, and apportionment of, liability for remediation and
the recovery of costs of remediation and relief from hardship
- The
Contaminated Land (Scotland) Regulations 2000 (SSI 2000 No.178) made under
Part IIA deal with: the descriptions of land which are required to
be designated as special sites; the contents of, and arrangements
for serving, remediation notices; compensation to third parties for
granting rights of entry etc to land; grounds of appeal against a
remediation notices, and procedures relating to any such appeal;
and particulars to be included in the public registers.
- The
Contaminated Land (Scotland) Regulations 2005 (SSI 2005/658)
amend Part IIA and came into
force in Scotland on 1st April 2006. The amendments
provide a new definition of water pollution for the purposes of
Part IIA