Jurisdiction(s):
United Kingdom
Key definition
Hazardous substances definition

What does Hazardous substances mean? In practice, hazardous substances are solids, liquids or gases capable of harming human health, damaging property, or adversely affecting the environment and ecological systems. The term is an umbrella expression used across environmental, health and safety, and planning law rather than a single, uniform legal definition. Specific regimes define or list substances and thresholds differently. In UK planning law, the hazardous substances consent (HSC) regime controls the presence of named substances above controlled quantities (England and Wales: Planning (Hazardous Substances) Act 1990 and 2015 Regulations; Scotland: 1997 Act and 2015 Regulations; Northern Ireland: 1991 Order and 2015 Regulations). Health and safety...

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Precedent clause: transfer of environmental permit on completion – buyer application, costs, compliance and indemnity

Precedents
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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

  1. 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, providing any documents/notifications required under Environmental Law.
  2. The Buyer pays all application/filing/administrative/similar transfer fees.
  3. From Completion, the Buyer complies with Environmental Law and Permit conditions.
  4. The Buyer indemnifies and keeps the Seller indemnified against Environmental Liabilities arising from any breach of Clause 2...
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Keith Davidson
Keith Davidson

Keith is a Partner at Irwin Mitchell in Manchester specialising in environmental transaction advice. Keith is dual qualified in England / Wales and N.Ireland and is a former Environment Commissioner for Greater Manchester. His practice areas include contaminated land, brownfield development, environmental insurance, and carbon literacy training. He provides EHS transactional support to 20 other law firms. Keith has been top ranked in Chambers and Legal 500 for the last 15 years.  “A leader at understanding and managing environmental liability” Chambers UK Guide...

Web page updated on 22/05/2026

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