Advanced Property: Environmental law Outcomes Compare roles of general property lawyer and environmental specialist Consider overview of environmental liability Explore effect of contaminated land regime set out in Part IIA, Environmental Protection Act 1990

Property lawyer acting for any buyer/seller of land Be aware that environmental liabilities can arise Client might need specialist enquiries and assistance The Role of the Property Lawyer and the Environmental Specialist

Environmental specialist called in when Land already known to be contaminated Intention to use for purpose subject to one or more of environmental liability regimes

The Contaminated Land Regime Section 78B EPA 1990 Local authority must survey sites and identify contaminated land Section 78E EPA 1990 Enforcement agency must serve a remediation notice on ‘appropriate persons’

TrueFalseScenarios x A. The discharge of dye from a textile company into a nearby river x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete x C. The production of clinical waste material in a hospital x D. The proposed development of a former munitions site x E. Crude oil seeping from a refinery onto nearby land x F. Red dust blowing from a brickworks onto nearby housing TrueFalseScenarios x A. The discharge of dye from a textile company into a nearby river x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete x C. The production of clinical waste material in a hospital x D. The proposed development of a former munitions site x E. Crude oil seeping from a refinery onto nearby land x F. Red dust blowing from a brickworks onto nearby housing TrueFalseScenarios x A. The discharge of dye from a textile company into a nearby river x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete x C. The production of clinical waste material in a hospital x D. The proposed development of a former munitions site x E. Crude oil seeping from a refinery onto nearby land x F. Red dust blowing from a brickworks onto nearby housing TrueFalseScenarios x A. The discharge of dye from a textile company into a nearby river x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete x C. The production of clinical waste material in a hospital x D. The proposed development of a former munitions site x E. Crude oil seeping from a refinery onto nearby land x F. Red dust blowing from a brickworks onto nearby housing Review of Activity 1 – What is contaminated land?

Part IIA EPA directs Local Authority to consider whether established Pathway ReceptorContaminant Contaminant Linkage The Concept of Significant Contaminant Linkage

Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Class AClass B Appropriate Persons x1. The current tenants on those parts of the Carrington Business Park that are contaminated land x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site x3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now x 4. National Fuels plc x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land Review of Activity 3 – Class A or Class B

Click on the link in Resources for the attached Contaminated Land Statutory Guidance The Exclusion Tests

Remediation notices

Conclusion You should now be able to Compare roles of general property lawyer and environmental specialist Consider overview of environmental liability Explore effect of contaminated land regime set out in Part IIA, Environmental Protection Act 1990