Unit 4: Current Legislation Affecting UK Industry: Land |
4.4.1.3 The Contaminated Land Regime Introduced By The Environment Act 1995
The passing of the EA 1995 brings together all of the legislation within the UK that relates to contaminated land.
OWNER: this is the person who individually or who acts as a trustee for another person, receives the rack (open market) rent of the land, or should the land not be let at a rack rent, that person who would receive the rack rent if the land were let in this way. EA 1995 does not give a definition of the occupier. A likely definition is that person controlling a site, even though may not occupy the site. In some situations two or more appropriate persons may be liable for contaminated land remediation. Such a situation may arise because of two or more persons have caused or knowingly permitted the presence of the polluting substances or that a person who has knowingly permitted has been identified and the owner and occupier are two different people. It is not possible to impose liability for clean up of the same pollutants upon both a person who has caused or knowingly permitted and an owner or occupier. In the case of two or more appropriate persons being present, the local authority must act along the Secretary of State's guidelines in order to identify which person(s) should be responsible for clean up and how the responsibilities should be shared out. The guidance given by the Secretary of State gives a set of exclusionary tests, which help identify and order those liable for clean-up action and costs. The tests differ from those who caused or knowingly permitted (class A persons in the guidance) and owner/occupiers (class B persons). Class A tests are more wide ranging. For example, they do not make those persons which give financial assistance to another appropriate person, those giving advice to another appropriate person during the period of sale to aid them in the identification of contaminants being present or those who paid another person for site clean up, liable. Class B tests do not include those persons occupying under a license or those that pay a rack rent for the land. The results of the tests may make less people liable, and should more than one person remain as liable, there are other rules which local authorities may look to for further assistance. It is always useful to consult an environmental lawyer for further advice on contaminated land issues, which are beyond the scope of this module. |