The risk of contaminated land: a critique of the current legislation in England and the European Union

Abstract. The risk of contaminated land implies a risk to developers, a risk to politicians and a risk to the general public (in addition to the environmental health risk). This risk is the risk of becoming liable or accountable. The government legislation on contaminated land is implemented in England under the Environmental Protection Act 1990 Part IIA (and its amendments), which requires for the Local Authorities to identify contaminated land in their area and determine the severity of the contamination and the person responsible for the contamination. However, contaminated land had been difficult to define for a long time. Up to the Contaminated Land Regulations of 2000, contaminated land had no clear definition. Under this new legislation, contaminated land is seen to have potential environmental liabilities that are of the greatest concern to landowners due to their legal and financial implications. These environmental liabilities are ultimately financial liabilities, which can include reduced land values or the requirement to fund remediation