Registers of contaminated land – EPA 1990 s. 78R
Public register of remediation notices, appeals, statements etc. – required by EPA 1990 s. 78R, with exceptions for national security and confidential info.
Every enforcing authority shall maintain a register containing prescribed particulars of or relating to— remediation notices served by that authority; appeals against any such remediation notices; remediation statements or remediation declarations prepared and published under section 78H above; in relation to an enforcing authority in England and Wales, appeals against charging notices served by that authority; notices under subsection (1)(b) or (5)(a) of section 78C above which have effect by virtue of subsection (7) of that section as the designation of any land as a special site; notices under subsection (4)(b) of section 78D above which have effect by virtue of subsection (6) of that section as the designation of any land as a special site; notices given by or to the enforcing authority under section 78Q(4) above terminating the designation of any land as a special site; notifications given to that authority by persons— on whom a remediation notice has been served, or who are or were required by virtue of section 78H(8)(a) above to prepare and publish a remediation statement, of what they claim has been done by them by way of remediation; notifications given to that authority by owners or occupiers of land— in respect of which a remediation notice has been served, or in respect of which a remediation statement has been prepared and published, of what they claim has been done on the land in question by way of remediation; convictions for such offences under section 78M above as may be prescribed; such other matters relating to contaminated land as may be prescribed; but that duty is subject to sections 78S and 78T below. The form of, and the descriptions of information to be contained in, notifications for the purposes of subsection (1)(h) or (j) above may be prescribed by the Secretary of State. No entry made in a register by virtue of subsection (1)(h) or (j) above constitutes a representation by the body maintaining the register or, in a case where the entry is made by virtue of subsection (6) below, the authority which sent the copy of the particulars in question pursuant to subsection (4) or (5) below— that what is stated in the entry to have been done has in fact been done; or as to the manner in which it has been done. Where any particulars are entered on a register maintained under this section by the appropriate Agency, the appropriate Agency shall send a copy of those particulars to the local authority in whose area is situated the land to which the particulars relate. In any case where— any land is treated by virtue of section 78X(2) below as situated in the area of a local authority other than the local authority in whose area it is in fact situated, and any particulars relating to that land are entered on the register maintained under this section by the local authority in whose area the land is so treated as situated, that authority shall send a copy of those particulars to the local authority in whose area the land is in fact situated. Where a local authority receives a copy of any particulars sent to it pursuant to subsection (4) or (5) above, it shall enter those particulars on the register maintained by it under this section. Where information of any description is excluded by virtue of section 78T below from any register maintained under this section, a statement shall be entered in the register indicating the existence of information of that description. It shall be the duty of each enforcing authority— to secure that the registers maintained by it under this section are available, at all reasonable times, for inspection by the public free of charge; and to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges; and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. Registers under this section may be kept in any form.
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
This section requires the enforcing authority (usually the local authority or the Environment Agency) to keep a public register containing prescribed details about remediation notices, appeals against them, remediation statements and declarations, and other matters relating to contaminated land. The register must be available for inspection free of charge at all reasonable times, and members of the public can obtain copies on payment of reasonable charges.
The duty to maintain the register is subject to exclusions for information affecting national security (section 78S) and certain confidential information (section 78T). Where information is excluded, a statement indicating its existence must be entered. The register may be kept in any form.
If the appropriate Agency enters particulars, it must send a copy to the local authority for the area where the land is situated. Similarly, if a local authority enters particulars for land treated as situated in its area under section 78X(2), it must send a copy to the actual local authority. Recipient authorities must enter those particulars on their own register.
When it applies
- A homeowner wants to check if a neighbouring property has a remediation notice for soil contamination.
- A solicitor searches the register to confirm whether a remediation statement was filed for a piece of land being sold.
- A resident wants to see what remediation actions the polluter claims to have done on a nearby site.
- An environmental consultant inspects the register to find prescribed matters about contaminated land in a council area.
- A potential buyer of land checks the register for any entries before completing the purchase.
What this section does not say
- This section does not list the actual remediation actions required – those are set out in the remediation notice or statement.
- It does not define what constitutes contaminated land – that is covered by other parts of the Act.
- It does not give the right to demand removal of confidential information from the register – that is governed by section 78T.
- It does not set out the procedure for serving a remediation notice – that is found in sections 78E to 78H.
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This page reproduces the text of EPA 1990 s. 78R 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.