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England and Wales 2023 environmental law tracker: contamination, pollution and permitting—legislation and consultations (Archived)

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

This tracker records and summarises key new and forthcoming legislation and consultations in England and Wales concerning contamination, pollution and environmental permitting.

The following regimes apply in England and Wales for contamination, pollution and permitting:

  • the 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 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 the species or habitat
    • a site of special scientific interest (SSSI) that adversely affects the integrity of the site
    • surface water or groundwater that causes a deterioration in the status of the water body...
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Web page updated on 21/05/2026

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