header-logo header-logo

The last resort

24 May 2012 / Hayley Tam
Issue: 7515 / Categories: Features , Environment , Property
printer mail-detail

Hayley Tam puts into perspective the contaminated land regime amendments

Transactional lawyers advising on contaminated land often launch into an analysis of liability under Pt 2A of the Environmental Protection Act 1990. This may have been amplified by recent changes to the regime. However, Pt 2A should be an option of last resort.

In fact, the recent changes to the contaminated land regime are unlikely to have a major impact on transactional lawyers. Apart from an amendment to the definition of contaminated land, there were no substantive changes to Pt 2A. The long-awaited revisions to the statutory guidance mainly impact local authorities, landowners, consultants and developers making decisions about the identification and remediation of contaminated land. Importantly, the revised statutory guidance is not intended to change the effect of the liability provisions.

This is the first time the contaminated land regime has been reviewed since it commenced in 2000. Although Pt 2A was found to be “fit for purpose”, the statutory guidance had created regulatory uncertainty, which was undermining the effectiveness of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll