Key features of Part IIA
Part IIA adopts a suitable for use approach, which requires that
the risks associated with land contamination are assessed on a site
by site basis - there are no standards defining what is and is not
contaminated land.
Part IIA only applies to land with chemical contamination
where the contaminants pose an unacceptable risk to human health or
the wider environment. ie where significant pollutant linkages are
present.
Part IIA concepts do not apply to regulatory regimes concerned
with preventing future determination in land quality.
Part IIA only considers risks associated with current use of the
site: any risks associated with future use will continue to be
dealt with under the planning system.
Other key features of Part IIA are that:
- the primary regulatory role rests with Scottish local
authorities.
- as of October 2007 Part IIA applies to radioactive
contamination of land.
- it seeks to promote voluntary remediation.
- it follows the polluter pays principle, whilst ensuring that
the cost burdens are proportionate and reasonable.
