What does Part IIA mean for SEPA, Local Authorities and Appropriate Persons?

Local Authorities

Local authorities are the lead regulator under Part IIA. They have duties to:

  • inspect their areas to identify contaminated land and to designate special sites
  • act as the enforcing authority, securing remediation, for land identified as contaminated
  • maintain public registers for contaminated land

and powers to:

  • recover cost for remediation undertaken itself

List of Scotland local authorities land contamination pages

SEPA:

SEPA's responsibilities under Part IIA consist of duties to:

  • act as the enforcing authority, securing remediation, for land designated as a special site
  • maintain a public register for special sites
  • prepare a national report on the state of contaminated land
  • SEPA has the  responsibility as the enforcing authority for the investigation, identification, characterisation and regulation of remediation of radioactively contaminated land (RCL). 

and powers to:

  • provide site specific advice to local authorities
  • recover cost for remediation undertaken itself

For information on the framework for liaison between local authorities and SEPA under Part IIA, click here pdf link (112k).

Appropriate Persons:

An Appropriate Person is any person who is to bear responsibility for anything which is to be done by way of remediation at contaminated land. In the first instance, any person who caused or knowingly permitted a substance to be in, on or under the land is responsible. Where such persons cannot be found, responsibility passes to the current owner or occupier of the land. Where no Appropriate Persons can be found, the land becomes an orphan site in relation to which the enforcing authority has powers to carry out remediation.

If you are an Appropriate Person and require further information about Part IIA, please click here pdf link (752k)

For a paper copy of the "Overview of Part IIA for Appropriate Persons" please contact:

SEPA Head Office
Public Affairs
Erskine Court
The Castle Business Park
Stirling
FK9 4TR
or email