There is a long history of contaminated land in England, Its past industrial revolution which took place long before modern systems of environmental controls on process emissions and waste disposal were in place, has led to the current state of land contamination. This essay will discuss the provision of the current contaminated land regime, its interaction with other environmental cleanup groups in the UK, and its complications. It will further look at it in reference to the UK 's planning authority. It will establish through case law, the influence of the European Union law on the UK contaminated land regime. This paper will elaborate on the doctrine of Environmental Impact Assessment and the role of local authority in identifying contaminated
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There have been different developments over the years to address the issues of clean-up of contamination caused by historical sources and naturally occurring contaminants in some areas in the United Kingdom. In the contexts of the UK, the publication of the consultation paper 'Paying for our Past ' by the government in 1994, sets out policies and practical tensions on how the UK should deal with contaminated …show more content…
The definition does not refers to land where the contamination is just present, but where it is, or could be, causing a particular harm. Therefore, the existence of contamination needs to be put into some form of context against which the need to intervene and require clean up can be assessed. This raised confusing questions about what it really intended and what the term is meant to imply. Another challenge of the whole issues of contaminated land in the UK is that, there are numbers of overlapping controls between different regimes which bring confusions as how clean up should be dealt with. The overlapping brings about difficulties of coordination between the powers involved, especially where are two concurrent powers available to two different regulators. An example of this will be in a situation which pollution of controlled waters is being or likely to be caused from contaminated land, both the local authority and the Environment Agency possess powers to require clean up under the Water Resources Act and part 2A, respectively. This contentious is identified and its interaction with other regime is regulated through a memorandum of understanding that governs how the powers will be
There have been different developments over the years to address the issues of clean-up of contamination caused by historical sources and naturally occurring contaminants in some areas in the United Kingdom. In the contexts of the UK, the publication of the consultation paper 'Paying for our Past ' by the government in 1994, sets out policies and practical tensions on how the UK should deal with contaminated …show more content…
The definition does not refers to land where the contamination is just present, but where it is, or could be, causing a particular harm. Therefore, the existence of contamination needs to be put into some form of context against which the need to intervene and require clean up can be assessed. This raised confusing questions about what it really intended and what the term is meant to imply. Another challenge of the whole issues of contaminated land in the UK is that, there are numbers of overlapping controls between different regimes which bring confusions as how clean up should be dealt with. The overlapping brings about difficulties of coordination between the powers involved, especially where are two concurrent powers available to two different regulators. An example of this will be in a situation which pollution of controlled waters is being or likely to be caused from contaminated land, both the local authority and the Environment Agency possess powers to require clean up under the Water Resources Act and part 2A, respectively. This contentious is identified and its interaction with other regime is regulated through a memorandum of understanding that governs how the powers will be