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Legislation, Policy and Guidance Documents


European

Environmental Liability Directive 2004/35

Main objectives is to prevent and remedy environmental damage. Includes the application of the polluters pay principle.

European Commission: Soil Thematic Strategy

Sets out the further action needed to ensure a high level of soil protection in EU member countries.

The proposal for a Soil Framework Directive

Proposes a common framework for soil protectionin EU member countries


National (England and Wales)

Part 2A of the Environmental Protection Act 1990

Primary law for the Contaminated Land regime in England and Wales. Introduced into the Environmental Protection Act 1990 by section 57 of the Environment Act 1995.

The Contaminated Land (England) Regulations 2006

Secondary legislation on the contaminated land regime. Applies to England only.

Contaminated Land (Wales) Regulations 2006.

Secondary legislation on Contaminated Land regime. Applies to Wales only.

Statutory Guidance (Annex 3 of DEFRA Circular 01/2006)

Statutory Guidance issued by DEFRA. Forms part of the Part 2A regime.


Government Policy Statements

Planning Policy Statement 23: Planning and Pollution Control

States out Government's policy on how the planning system should complement pollution control. Specifically addresses how contaminated land issues should be dealt with at the application stage.


Non- Statutory Guidance Documents

DEFRA/CIEH: Local Authority Guide to the Application of Part 2A of the Environmental Protection Act 1990

A non-statutory guide to the main features of the Part 2 A regime prepared by the Department for Environment, Food and Rural Affairs (DEFRA) and Chartered Institute of Environmental Health (CIEH)

DEFRA: Guidance on the Legal Definition of Contaminated Land (July 2008)

Provides guidance on the legal definition of contaminated land with specific focus on what constitutes a "significant possibility of significant harm."

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