Duty to inspect for contaminated land EPA 1990 s. 78B
Local authority inspects area for contaminated land; notifies Agency, owner, occupier, appropriate person. Must follow Secretary of State guidance.
Every local authority shall cause its area to be inspected from time to time for the purpose— of identifying contaminated land; and of enabling the authority to decide whether any such land is land which is required to be designated as a special site. In performing its functions under subsection (1) above a local authority shall act in accordance with any guidance issued for the purpose by the Secretary of State in accordance with section 78YA below. If a local authority identifies any contaminated land in its area, it shall give notice of that fact to— the appropriate Agency; the owner of the land; any person who appears to the authority to be in occupation of the whole or any part of the land; and each person who appears to the authority to be an appropriate person; and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given. If, at any time after a local authority has given any person a notice pursuant to subsection (3)(d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person— of the fact that the local authority has identified the land in question as contaminated land; and that he appears to the enforcing authority to be an appropriate person.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 78B of the Environmental Protection Act 1990 requires every local authority to inspect its area from time to time to find contaminated land and to decide whether any such land should be designated as a special site. In carrying out this inspection, the local authority must follow any guidance issued by the Secretary of State.
When the local authority identifies contaminated land, it must give notice to: the appropriate Agency (Environment Agency or Natural Resources Wales), the owner of the land, anyone occupying the land, and each person who appears to be an appropriate person (someone who may be liable for remediation). The notice must say under which category it is given.
If later another person appears to be an appropriate person, the enforcing authority must also notify them.
When it applies
- A local council inspects an old industrial site and finds soil contamination from historical chemical dumping.
- A homeowner receives a notice from the council that their garden is identified as contaminated land due to previous waste disposal.
- A company that previously operated a landfill is notified as an appropriate person for remediation of adjacent land.
- The Environment Agency is notified by a local authority about a site that may need to be a special site because of water pollution risk.
- A tenant receives a notice from the council that the land they occupy is contaminated, requiring action.
What this section does not say
- This section does not set out the criteria for what counts as contaminated land (that is in s. 78A).
- It does not specify the remediation requirements (that is in s. 78E).
- It does not determine who is an appropriate person (that is in s. 78F).
- It does not cover appeals against remediation notices (that is in s. 78L).
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This page reproduces the text of EPA 1990 s. 78B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.