The definition of contaminated land
The term ‘contaminated land’ has a specific meaning in Part 2A of the Environmental Protection Act 1990.
Contaminated land is defined under Part 2A as:
- "any land which appears to the local authority whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that –
- (a) significant harm is being caused or there is a significant possibility of such harm being caused, or
- (b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused."
Where harm is attributable to radioactivity, the definition of contaminated land has been modified as:
- "any land which appears to the local authority whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that –
- (a) harm is being caused, or
- (b) there is a significant possibility of such harm being caused."
The definitions do not necessarily include all land where contamination is present.
Is my land or property "contaminated land"?
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