Land contamination meaning

It is important to establish whether or not the land is or may be contaminated: to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land; because it could present a risk to human health; and because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant. The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated. The acting solicitor should also ensure that...

This Checklist is intended for situations where you act for the buyer acquiring a registered freehold or leasehold commercial property, whether with vacant possession or already let under one or more leases. It is not comprehensive and cannot anticipate every scenario in every deal. You should always assess if any further points require attention. It is assumed that: the property is not subject to any residential tenancies; and the seller is solvent This Checklist covers these principal areas: Preliminary matters Is the buyer using finance to acquire the property? Before exchange of contracts Are you ready to exchange? Exchange of contracts Post exchange steps Between exchange and completion Are you ready to complete? Completion Post completion Preliminary matters See also Practice Note: Transferring commercial property—a practical guide — Preliminary matters. Are the buyer’s instructions and intended use for the property clear? Strong due diligence and effective...

This Checklist is primarily for use on the assignment of a commercial lease This is a guidance tool for assignments of commercial leases. It is not comprehensive and may not address every circumstance on each deal. You should always consider whether any additional matters require attention. It works on the basis that: the lease relates to commercial premises let at an open market rent to an occupier, on terms under which the landlord insures the premises the assignor has used the premises for business purposes and the assignee likewise intends to use them for their business the lease is a head lease and the premises are not held under any underleases the lease is not subject to a fixed charge (this would be uncommon in practice), and no premium is payable If the assignment forms part of a wider or more complex arrangement, you may find further relevant material in Acquisition of commercial property (buyer)—checklist and Practice Note: Transferring...

What does the report reveal about the extent of the PFAS contamination problem in England and the economic burden of remediating these sites? The Jacobs assessment indicates there are between 2,900 and 10,200 high-risk PFAS locations throughout England, covering as much as 672,000,000m2 in total. ‘High-risk’ encompasses: airports; military bases; fire stations; landfills; wastewater treatment plants chemical sites; oil and gas facilities; nuclear sites; metal plating pulp and paper manufacturing sites; and ‘TULAC’—textiles, upholstery, leather, apparel and carpets The true count of PFAS-affected places is expected to be considerably larger. Other sectors are treated as ‘presumed PFAS’ sources, including: automotive; electronics; waxes; paints and inks; plastics cleaning products; cosmetics; and sewage sludge applied to land Jacobs estimated that remediation per high-risk site could vary from £400,000 up to £29bn, with a weighted average of about £9m. They further judged that total clean-up could ‘possibly’ reach £121bn, and even then the hazards would not be...

This issue includes Air emissions and climate change Brexit Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental information Environmental issues in transactions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Health and safety Sources of environmental law (UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Court finds there is no presumption favouring repurposing and re-using buildings in the NPPF (Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities). In that case, the High Court quashed the Secretary of State’s decision blocking M&S’s Oxford Street redevelopment. Written by Martha Grekos, barrister at MGLC...

Consequences of non-compliance If any requirement in a remediation notice remains unmet, the enforcing authority will need to decide whether to: prosecute commence civil proceedings carry out the remediation work itself Prosecution for non-compliance Offence Failing, without reasonable excuse, to comply with any requirement in a remediation notice is an offence. A person may therefore be prosecuted even where there has only been partial compliance with the notice. Whether someone has a reasonable excuse for non-compliance is a question of fact to be determined by the specific circumstances of the case...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

This tracker tool tracks and summarises key new legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. In England and Wales, the following regimes govern contamination, pollution and environmental permitting: Contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, interference with ecological systems, or impacts on controlled waters. The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR): apply to environmental damage, defined as damage to: a protected species or natural habitat that has a significant adverse effect on achieving or maintaining the favourable conservation status of that species or habitat a site of special scientific interest (SSSI) where the integrity of the site is adversely affected surface water...

1 Definitions Within this clause [ 1 ] the following meanings apply: Contaminated Land Regime • Part IIA of the Environmental Protection Act 1990, as amended from time to time, and the Statutory Guidance Contamination • the existence or build-up of any Hazardous Substances at, in, on or under the Property [ at or prior to the Completion Date ] [ at any time whether before or after the Completion Date ] Environment • any or all of the following media, namely air, land, water (including surface water and groundwater) and any living organisms (including man) or systems sustained by those media Environmental Law • all applicable laws, statutes, secondary legislation, common law, directives, regulations, codes of practice and guidance notes that have legal effect [ and are in force at the Completion Date ] in ...

1 Definitions Contamination – the presence or build-up of any Hazardous Substances at, in, on, under or around the Premises. Environment – all or any of the following media, namely air (including the air within buildings and the air within other natural or man-made structures above or below ground), land and water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by those media. Environmental Information – [ list any environmental reports that have been provided to the Tenant (eg desktops, phase one reports, phase two reports, validation reports, geotechnical)... ]

1 Definitions Contamination – Hazardous Substances in soil/water at or beneath the Property, and/or their migration to/from it. Environment – air; water (surface/ground/drains/sewers); land (sub‑surface/under water); and living organisms (incl. humans) and ecosystems. Environmental Law – all applicable statutory/common law (civil/criminal/administrative), directives/regulations, codes of practice, guidance/instructions, and court/regulatory decisions on protecting the Environment or human health. Environmental Liabilities – any fines/penalties/charges/actions/losses/costs/claims/expenses/demands/duties/obligations/damages or other liabilities (incl. reasonable Remedial Action costs) suffered or incurred after Completion by the Seller under or by reason of any Environmental Law. Environmental Permit – permit [insert title] number [insert number] [insert date]. Hazardous Substances – any solid/liquid/gas capable, alone or with others, of harming human health or the Environment. Remedial Action – reasonable measures to investigate/inspect/monitor/remove/remedy/abate/contain/control/treat or ameliorate Contamination. 2 Environmental Permits As soon as possible after Completion, both shall use reasonable endeavours to obtain the Environmental Permit in the Buyer/newco’s name; the Buyer applies and both co‑operate in good faith,...

Position where the contract for sale is silent in relation to environmental liabilities If a land sale contract says nothing about environmental liabilities, allocation of responsibility turns on various factors, including the nature of the liability, who caused or knowingly permitted the issue, and when it took place, depending on the circumstances in which it occurred. By way of illustration, there are several liability regimes for land contamination, including liability for contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990) (see Practice Note: Land contamination—potential liabilities). Under EPA 1990, Part IIA, liability is both strict and retrospective. Class A persons, namely those who cause or knowingly permit the contamination, will be liable...