Contaminated land is statutorily defined in the Environmental Protection Act 1990 as:
"any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on, or under the land that:
- Significant harm is being caused or there is a significant possibility of such harm being caused; or
- Significant pollution of controlled waters is being, or there is a significant possibility of such pollution being caused".
The statutory term "contaminated land" is different to the context and scope of land affected by contamination for planning control purposes. The wider term - "land affected by contamination" covers all cases where the actual or suspected presence of substances in, on or under the land may cause risks to people, property, human activities or the environment, regardless of whether or not the land meets the statutory definition.
Local authorities (usually environmental health departments) have a duty to:
- inspect their areas and identify contaminated land;
- establish the remediation required and who should be responsible for it;
- ensure that remediation takes place, if necessary by serving a remediation notice; and
- record certain information on a public register.
Public Health England have produced a Public Health Factsheet on use of Potentially Contaminated Land, Gardens and Allotments