Environmental Protection Act 1990

The Act grants a right to local councils to take action against parties causing various types of nuisance which have a detrimental effect on the environment or health.

The EPA lists some 8 matters that constitute statutory nuisances for the purpose of the Act. Of particular relevance to contaminated land are those matters that relate to any premises in such a state as to be prejudicial to health and nuisance, and any accumulation or deposit which is prejudicial to health or nuisance.

Section 34(1) of the Environmental Protection Act 1990 imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste.

The Contaminated Land (England) Regulations 2000, which extend to England only, make provision for certain aspects of a new scheme under Part IIA of the Environmental Protection Act 1990 for the remediation of contaminated land.

The Contaminated Land (Scotland) Regulations 2005, which extend to Scotland only, amend Part IIA of the Environmental Protection Act 1990 (c.43) and the Contaminated Land (Scotland) Regulations 2000 (S.S.I. 2000/178) in light of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).