Jurisdiction(s):
United Kingdom

Related legal acts

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...

Radioactive contaminated land regime: modified EPA 1990 Part IIA—scope, thresholds, regulatory roles, liability and remediation; implementation of BSSD 2013/59 and RCL Statutory Guidance

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Practice notes

Extension of EPA Part IIA to radioactive contamination

At first, land affected by radioactivity was excluded from the ambit of Part IIA of the Environmental Protection Act 1990 (EPA 1990). Section 78YC of EPA 1990 makes clear that the Pt IIA regime does not apply to harm, or water pollution, attributable to radioactivity. However, that section grants the Secretary of State authority to make regulations and guidance concerning radioactive substances. These powers have been used to create, in effect, a parallel Part IIA scheme for radioactive Contaminated land:

Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005, SI 2005/3467
Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006, SI 2006/1379
Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006, SI 2006/2988

The government has published legally binding statutory guidance explaining how local authorities and the Environment Agency should implement the radioactive contaminated land regime (the RCL Statutory Guidance) in England, with equivalent guidance issued for Wales. The RCL Statutory Guidance is distinct from the statutory guidance published by the Secretary of State for Environment, Food and Rural Affairs for the conventional contaminated land regime...

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Web page updated on 21/05/2026

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