The Contaminated Land Regime implements the provisions of Part IIA of the Environmental Protection Act 1990, through Contaminated Land (Scotland) Regulations of 2000 and 2005 (PDF, 795KB).| It provides a statutory definition of contaminated land and gives local authorities a legal duty to inspect our areas to identify and remediate contaminated land where contamination is causing unacceptable risks to human health or the wider environment. In order to fulfill the Scottish Government’s objectives, it’s the Council’s duty to:
Identify and remove unacceptable risks to human health and the wider environment;
Seek to bring damaged land back to beneficial use;
Seek to ensure that the cost burdens faced by individuals, companies and society as a whole are proportionate, manageable and economically sustainable.
How the law defines contaminated land -
The legal definition is:
“Land that 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:
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Significant harm is being caused or there is significant possibility of such harm being caused
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Significant pollution of the water environment is being caused or there is significant possibility of such harm being caused.”
Contaminated Land Inspection Strategy
In order to identify land contamination that may be causing unacceptable risks to human health or the wider environment, the regulations require that each local authority has a duty to prepare an inspection strategy. Falkirk Council published a written Contaminated Land Inspection Strategy (PDF, 22MB)| in 2001 and is currently in the process of reviewing and updating the strategy. It is anticipated that an updated Strategy will be published in 2012.
Following the publication of the initial Strategy, the Contaminated Land Team has carried out numerous inspections and investigations throughout the council area as part of the ongoing programme of works. This work is continuing under funding from the Scottish Government.