Part IIA 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...

Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...

In this issue: International arbitration Investment treaty arbitration Institutional ad hoc arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community The Arbitration Blog Daily and weekly news alerts International arbitration France—arbitral award—compliance with French international public policy—EU competition law breach allegations On 23 January 2024, in GBO v CAI, the Paris Court of Appeal rejected an application to set aside an international arbitral award. The challenge rested on the assertion that, by giving effect to a distribution arrangement allegedly contrary to EU competition rules—particularly Article 101 TFEU—the award offended French international public policy. Applying its maximalist approach to review of compliance with French international public policy, and in particular with EU competition law, the court reaffirmed its earlier position that EU competition rules form part of that public policy. Having regard to the circumstances advanced, the court concluded the applicant had not shown a substantive infringement of EU competition law that would qualify...

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...

Practice Note: Family proceedings with EU connections—toolkit At 11pm on 31 December 2020, the transition/implementation phase of Brexit came to a close following the UK’s exit from the EU; UK legislation terms this moment ‘IP completion day’. For hands‑on guidance on Brexit’s effects, consult this toolkit for practical assistance. The court carries an autonomous role and duty and remit to properly examine and decide whether it holds jurisdiction. This Practice Note explains the compulsory obligation on an EU Member State to stay proceedings when another Member State has already been seised of jurisdiction. The regime applies where the proceedings fall under Council Regulation (EC) No 2201/2003 (Brussels II bis, also known as Brussels IIA). As set out below, these obligations persist in this jurisdiction only where there are parallel proceedings started in the UK or an EU Member State on or before 31 December 2020, or where one set commenced on or before that date in the UK or an EU Member State and additional proceedings were begun on...

What is the duty to inspect? Local authorities (LAs) are required to examine their localities for the purpose of: identifying any contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990) deciding whether it should be designated as a special site; for further details see Practice Note: Special sites of contaminated land When determining contaminated land, LAs must comply with the statutory guidance. What land must be inspected? LAs must assess land situated within their own area. An LA has no obligation to inspect land beyond its boundaries...

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 ...

[ TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER ] [ Employee name ] [ Employee address ] [ [ By email only ] ] [ Date ] Dear [ employee name ], Requirement to acknowledge request Under Part IIA of the Parental Leave Act 1998 (Ireland) (PLA 1998 (IRL)), as updated by the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland) (WLBMPA 2023 (IRL)), employers must acknowledge an employee’s request for a flexible working arrangement and reply as soon as is reasonably practicable, and in any event within four weeks of receipt. Where additional time is needed to evaluate the request, the employer may lengthen the period for responding, but any extension must not exceed eight weeks. Re: Acknowledgement of flexible working request ‘In reference to your request...’ An employee may seek a flexible working arrangement from the first day of employment (see PLA (IRL), Part IIA, s 13A). However, the arrangement may...

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...