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

Overview of environmental liability

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’

Activity 1 - What is contaminated land

True False Scenarios

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

True False Scenarios

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

True False Scenarios

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

True False Scenarios

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

Activity 3 - Class A or Class B person

Class A Class 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

  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

  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

Class A Class 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

  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

  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

Class A Class 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

  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

  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

Class A Class 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

  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

  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

Class A Class 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

  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

  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

Class A Class 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

  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

  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

Class A Class 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

  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

  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