Current contaminated land legislation
The current contaminated land regulations are defined under the Environmental Protection Act 1990, and the local authority in the respective area that the land falls under is responsible for determining liability.
If you are found to be responsible, as an organisation or an individual, for knowingly permitting the polluting substance to be stored on the land or disposed of there, you may be open to legal action for the land contamination itself, as well as from civil claims, such as injury or illness caused by the contamination to workers or members of the public.
If you are the landowner or tenant of the land, you may also be found liable even if you did not knowingly permit the polluting substance(s) to be used or stored on the site, which could mean that you face prosecution from the local authority or the Environment Agency.
It’s essential to ensure that you receive expert contaminated land guidance in relation to the law and your responsibilities, so that you can find the best way forward and achieve the best possible outcome from the circumstances.
Common issues in relation to contaminated land
It can often be the case that land is only discovered to be contaminated when it is cited for development and thus subject to commercial real estate or corporate transactions, which reveal the contamination issue(s) during the process. This can have a significant impact on the development potential of the land, planning permission and therefore the value of the land.
It’s essential that businesses have access to clear and strategic advice on land contamination issues in relation to their regulatory responsibilities, during investigations and disputes and to help ensure best practice in compliance with these regulations going forwards.
Specialist legal advice on contaminated land guidelines
Whether you need advice on how to respond to a potential breach of the law or want advice on positive contaminated land management guidelines, such as putting in place a remediation strategy for contaminated land, our expert regulatory law team can help.
Our team offer specialist support on areas including:
- The statutory powers of the Environment Agency and local authorities in relation to contaminated land
- Potential liability under the Environmental Damage Regulations
- The criminal and civil liabilities of those found to have polluted the land
- The criminal and civil liabilities of those who own the contaminated land
- Investigations by the local authority or the Environment Agency
- Appointing expert environmental consultants to provide reports and evidence in any potential legal action or claim
Why choose Stephensons as your contaminated land solicitors?
At Stephensons, our regulatory law team and our environmental law specialists have many years of experience in dealing with cases related to contaminated land guidelines and requirements, which means we are ideally placed to assist businesses and landowners across the country with a range of expert legal services.
We pride ourselves on offering clear and practical commercial advice in this area, with our combined experience able to benefit every client dealing with a contaminated land issue or investigation and help you to make informed decisions about your next steps.
With a proven track record in the area of defending contaminated land cases, we can give the specialist advice you need to help achieve the best possible outcome from the situation.