Jurisdiction(s):
United Kingdom

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Key definition

Contaminated land definition

What does Contaminated land mean? Land that contains harmful substances in, on or under it such that they are causing, or there is a significant possibility they will cause, harm to people or the environment, or pollute waters. In practice it covers sites needing assessment and remediation. In England and Wales and in Scotland, contaminated land is a defined term under part iia of the Environmental Protection Act 1990 and statutory guidance. A site is determined where evidence shows significant harm, a significant possibility of such harm, or pollution of controlled waters (or, in Scotland, the water environment), demonstrated by a pollutant linkage (source–pathway–receptor). Local...

Controlled waters under EPA 1990 Pt IIA: WRA 1991 definitions, saturated zone groundwater, and contaminated land implications (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

What are Controlled waters for the purposes of Pt IIA?

'Controlled waters' carry, for EPA 1990, the meaning set out in Pt III of the Water Resources Act 1991 (WRA 1991), save that the wording for 'ground waters' is altered. In broad terms, controlled waters comprise:

relevant territorial waters (for example, seawater up to three nautical miles)
coastal waters (for example, tidal waters)
inland freshwaters (for example, rivers, streams, watercourses, lakes, and ponds that are not tidal)
ground waters (for example, water held within rock strata beneath the soil)

Relevant territorial waters

'Relevant territorial waters' are the stretch extending three nautical miles seawards from the baselines alongside England and Wales. This adopts a three nautical mile boundary rather than the 12 nautical mile territorial sea under the Territorial Sea Act 1987. The baseline is usually the low water mark around the coast of England and Wales...

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Web page updated on 21/05/2026

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