Reports on contaminated land state: EPA 1990 s. 78U
EPA 1990 s. 78U: Agency must publish reports on contaminated land state in England, Wales, Scotland; local authorities must supply info on request.
The appropriate Agency shall— from time to time, or if the Secretary of State at any time so requests, prepare and publish a report on the state of contaminated land in England, Wales or Scotland , as the case may be. A local authority shall, at the written request of the appropriate Agency, furnish the appropriate Agency with such information to which this subsection applies as the appropriate Agency may require for the purpose of enabling it to perform its functions under subsection (1) above. The information to which subsection (2) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to the condition of contaminated land in its area, being information which the authority has acquired or may acquire in the exercise of its functions under this Part.
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 provision requires the appropriate Agency (Environment Agency for England, Natural Resources Wales for Wales, Scottish Environment Protection Agency for Scotland) to prepare and publish reports on the general state of contaminated land. Reports must be published from time to time or whenever the Secretary of State asks for one.
Local authorities must, when the Agency asks them in writing, provide any information they have or can reasonably get about contaminated land in their area. The information must be something the authority obtained or could obtain while doing its duties under Part 2A of the EPA 1990.
When it applies
- A resident wants to know the overall state of contaminated land in their region and looks for a government report.
- A local authority receives a written request from the Environment Agency to provide data on contaminated sites in its area.
- The Secretary of State asks the Agency for a special report on contaminated land following a major pollution incident.
- A researcher uses published reports to study trends in land contamination across England and Wales.
What this section does not say
- This provision does not require the Agency to report on specific individual sites, only on the general state.
- It does not require local authorities to publish their own reports, only to furnish information to the Agency.
- It does not set any penalties for failing to publish reports.
- It does not define what constitutes 'contaminated land' – that is defined elsewhere in Part 2A.
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This page reproduces the text of EPA 1990 s. 78U 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.