Site-specific guidance by Agency: EPA 1990 s. 78V
Site-specific guidance by agency: authorities must have regard, but disregard if inconsistent with Secretary of State guidance.
The appropriate Agency may issue guidance to any local authority with respect to the exercise or performance of the authority’s powers or duties under this Part in relation to any particular contaminated land; and in exercising or performing those powers or duties in relation to that land the authority shall have regard to any such guidance so issued. If and to the extent that any guidance issued under subsection (1) above to a local authority is inconsistent with any guidance issued under this Part by the Secretary of State, the local authority shall disregard the guidance under that subsection. 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 issue guidance for the purposes of subsection (1) above. The information to which subsection (3) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to any 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 section lets the Environment Agency (or Natural Resources Wales) give a local council detailed guidance on how to handle a specific piece of contaminated land. The council must take that guidance into account when deciding what to do.
If the Agency's guidance on that site contradicts guidance issued by the Secretary of State (the national government minister), the council must ignore the Agency's guidance and follow the Secretary of State's instead. The council must also give the Agency any information it has or can reasonably get about contaminated land in its area if the Agency asks for it to help prepare site-specific guidance.
When it applies
- The Environment Agency sends a letter to a council with specific instructions on how to clean up a former petrol station.
- A council receives conflicting guidance from the Agency and the Secretary of State on the same contaminated site.
- The Agency requests all records a council holds on a particular contaminated plot of land.
- A council ignores the Agency's site-specific guidance and proceeds with a different remediation method.
- A council asks the Agency for guidance on how to deal with a specific contaminated site.
What this section does not say
- This provision does not set out the general rules for who is liable for cleaning up contaminated land (those are in s.78F and s.78J).
- It does not give the Agency the power to issue remediation notices (that is in s.78E and s.78H).
- It does not cover appeals against remediation notices (s.78L).
- It does not apply to statutory nuisances like noise or smells (s.79, s.80).
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This page reproduces the text of EPA 1990 s. 78V 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.