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Land Contamination

Terms of Reference

The Land Contamination Working Party seeks to monitor, influence and improve laws related to land contamination. The group has a particular interest in:

  • issues around Part 2A of the Environmental Protection Act 1990 (the statutory contaminated land regime for Great Britain); and
  • implementation and implications of the Environmental Liabilities Directive.

With the recent appointment of new co-convenors, Jeff Roberts and Emma Tattersdill, we are looking to “relaunch” the working group and increase its activity in 2019. If you would like to join the Working Party please contact either of the convenors

Recent Activities

Recent work of the Working Party focused on the DEFRA & WAG consultation on the new Part 2A Statutory Guidance. As well as submitting a formal response, our members were consulted by DEFRA on subsequent drafting before it was issued in April 2012.

The convenor of the group has joined the Government's new Land Forum, which has developed from the National Brownfield Forum. This was originally established by DCLG and Defra. The aim of the Forum is to promote the sustainable use of land. It brings together private and public sector organisations to take a strategic overview of current and future land use issues including:

  • taking into consideration the full range of social, economic and environmental factors in informing the development and implementation of Government policy;
  • supporting the development, dissemination and adoption of best practice by regulators, practitioners and problem-owners;
  • identifying key challenges as they arise and seeking appropriate resolutions,
    openly reporting on progress and outcomes.

The Forum will consider UK wide issues and reference overseas experience where appropriate. Representation of organisations on the Forum will be kept under review, and will seek to represent a broad spectrum of interests. CL:AIRE will be the secretariat for the Forum with all notes from the meeting being made publicly available from CL:AIRE's website.

CL:AIRE website

Consultation responses

Document TitleComments
Strategic Overview of Contaminated Land: response to Welsh Government consultation, June 2013 
Response to DEFRA Contaminated Land consultation, March 2011 
Environmental Liability Directive: response to DEFRA consultation, May 2008 
Environmental Liability Directive: response to Defra, 2004United Kingdom Environmental Law Association. Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage
Model procedures on the management of contaminated land CLR II: response to Environment Agency consultation, November 2003Comments on the draft model procedures for the management of land contamination (CLR 11)
Principles for evaluating the human health risks from petroleum hydrocarbons in soils: response to Defra consultation, September 2003Principles for Evaluating the Human Health Risks from Petroleum Hydrocarbons in Soils: A Consultation Paper. Response from UKELA Contaminated Land Working Party.
Draft planning technical advice: submission to government, May 2002Comments on the draft planning technical advice (development on land affected by contamination)
Tax Relief for Contaminated Land: submission on proposals, May 2001Comments on the Finance Bill 2001- Tax Credit for Remediation of Contaminated Land
Contaminated land final draft Guidance: submission, December 1999CONTAMINATED LAND: Implementation of Part IIA of the Environmental Protection Act 1990/ Observations by the United Kingdom Environmental Law Association on the consultation document dated September 1999

Joint Convenors

Emma Tattersdill 2013 (high) (002)

Emma Tattersdill

Emma Tattersdill is a solicitor and partner at Freeths LLP, offering the full range of environmental legal services but with a particular focus on land contamination, waste, environmental permitting and nuisances such as noise and odour. As well as co-convening the land contamination working group, Emma is UKELA’s representative on the National Brownfield Forum.

Jeff Roberts resized

Jeff Roberts

Jeff set up Roberts Environmental Ltd having previously worked for GVA Grimley Ltd as an Associate Director where he headed up the Environmental Services department for the North of England and Scotland. He has also worked in consultancy for WSP Environmental Ltd in the London market and Waterman Environmental within the north east. Jeff’s work includes all aspects of land quality, due diligence auditing, flood risk, site investigation and remediation project management.

This page was printed from the website of the UK Environmental Law Association at www.ukela.org.
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