APPENDIX A SUMMARY OF LEGISLATION AND POLICY RELATING TO CONTAMINATED LAND IN ENGLAND AND WALES
Part IIA of the Environmental Protection Act 1990 (EPA) and its associated Contaminated Land Regulations 2000 (SI 2000/227), which came into force in England on 1 April 2000, formed the basis for the current regulatory framework and the statutory regime for the identification and remediation of contaminated land. Part IIA of the EPA 1990 defines contaminated land as ‘any land which appears to the Local Authority in whose area it is situated to be in such a condition by reason of substances in, on or under the land, that significant harm is being caused, or that there is significant possibility of significant harm being caused, or that pollution of controlled waters is being or is likely to be caused’. Controlled waters are considered all groundwater, inland waters and estuaries.
In August 2006, the statutory regime was extended and now consists of Part IIA of the EPA, as originally introduced on 1 April 2000, together with changes intended chiefly to address land that is contaminated by virtue of
Contaminated Land (Enabling Powers)
radioactivity. Associated with these changes the Radioactive (England) Regulations 2005 (SI 2005/3467),
Radioactive Contaminated Land (Modification of Enactments) the (England) Regulations 2006
(SI 2006/1379) and the Contaminated Land (England) Regulations 2006 (SI 2006/1380) were implemented.
The intention of Part IIA of the EPA is to deal with contaminated land issues that are considered to cause significant harm on land that is not undergoing development (see Defra Circular 01/2006,
published in September 2006, for definitions of what is significant harm:
http://www.defra.gov.uk/publications/files/pb12112-circular01-2006-060817.pdf). This circular replaces DETR Circular 02/2000, published in March 2000, and has two functions: it promulgates the statutory guidance as now amended, which is an essential part of the regime, and it sets out the way in which the extended regime is expected to work by providing a summary of Government policy in this field, a description of the regime and a guide to the other relevant regulations.
Water Framework Directive (WFD) The Water Framework Directive 2000/60/EC is designed to:
East Anglia Offshore Wind Limited
Preliminary Risk Assessment, East Anglia ONE Windfarm 41388-PRA(03)
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