Contaminated Land Regime
The Contaminated Land Regime, which is set out in Part 3 of the Waste and Contaminated Land (Northern Ireland) Order 1997, has been enacted but is not yet in force. This regime is very similar to that provided in Part IIA of the Environmental Protection Act 1990 in England and Scotland since 2000 and in Wales since 2001. A timetable for implementation of the regime in Northern Ireland has not been agreed and further updates will follow in due course.
This regime supports the 'polluter pays' principle and is intended to manage issues arising from historic contamination. It is fully retrospective in action. The Local Councils will be the primary regulators for the regime and initial activity will focus on the preparation of site inspection strategies which are to be completed within 12 months of the regime being in place.
In assessing and managing risks from contaminated land NIEA seek to apply good practice guidance. The Model Procedures for the Management of Land Contamination (CLR 11) 2004 provide the technical framework for applying a risk management process when dealing with land affected by contamination. The process involves identifying, making decisions on, and taking appropriate action to deal with, land contamination in a way that is consistent with government policies and legislation within the United Kingdom.
The Northern Ireland Environment Agency (NIEA) seeks to promote good practice in assessing and managing the risks due to land contamination and recommend application of the UK framework as laid out in the Model Procedures for the Management of Land Contamination (CLR11) 2004 report.
The CLR11 guidance is equally applicable to the development of land affected by contamination, via the planning process, via voluntary remediation actions or any measures undertaken under the forthcoming contaminated land regime.
- Model Procedures for the Management of Land Contamination | DAERA
- Land contamination: technical guidance - GOV.UK
- CLAIRE Petroleum Hydrocarbons in Groundwater
- Contaminated Land: Applications in Real Environments (CL:AIRE)
- DOE Industry Profiles
- NetRegs Contaminated Land Advice
- Sustainable Remediation Forum UK (SuRF UK)
- Environment Agency Piling & Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention
DOE Industry Profiles
The DOE Industry profiles provide developers, local authorities and others interested in contaminated land, with information on the process, materials and wastes associated with individual industries. They also provide information on the likely presence of contamination, the effect of mobility of contaminants and guidance on potential contaminants. They are not definitive studies but they introduce some of the technical considerations that need to be borne in mind at the start of an investigation. Copies can be viewed from the CL:AIRE website.
For further information please contact: