Contaminated land has been an issue of concern to lawyers for some years, but not until 1 April 2000 has there been a specific legal regime dealing with it. Part IIA of the Environmental Protection Act 1990 constitutes such a regime, of formidable complexity.
Contaminated Land: the New Regime provides a comprehensive guide for all involved with the new system, whether advising the enforcement authorities of those who may be liable for clean-up costs. The Act and its supporting Guidance raise many difficult problems of interpretation and practical implementation, which are explored in this book. Readers will find help in understanding the legislation, in deciding whether land is or is not "contaminated", and in pursuing or responding to enforcement action. A number of key precedents and source materials are reproduced, so that everything the practitioner needs is to hand.
* Full analysis of, and authoritative commentary on, each aspect of the legislation and subsequent guidance
* Lucid explanation of exactly what the new system requires
* Clear guidance on the procedures for notices, enforcement and appeals
* Examination of what the obligations and potential liabilities are of landowners and occupiers
* Straightforward assessment of how "innocent" parties, who have purchased or which to purchase land which has been contaminated are affected
Rezensionen / Stimmen
The approach, as you would expect of these authors, is painstaking, detailed and comprehensive... the book's status [is] little short of biblical...Provides a comprehensive guide to the new systemJust when you thought it was impossible to grasp the minutiae of the contaminated land regime and were preparing to hand the task to someone else, out come a book that breaks it down into a logical and readable style.This can only be described as a magisterial work....this work is highly recommended for anyone who needs or wishes to have a detailed understanding of Part IIA. It is the only work available which attempts to deal comprehensively with the many complexities which are capable of arising now that Part IIA has been implemented. Solicitors' Journal.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
ISBN-13
978-0-421-72620-8 (9780421726208)
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Schweitzer Klassifikation
.Ambit of the regime. Enforcing authorities. Inspection of land. Identifying land as contaminated. Special site. Relationship with other statutory powers. Remedies notice. Consultation before service of notices. Restrictions on serving remediation notices. Procedure where a remediation notice cannot be served. Action by owners and others to avoid service of notices. Procedure for remediation notices. The "appropriate person". Particular cases. Migration of contamination. Apportionment of liability. Where the local authority itself is an appropriate person. Enforcement. Appeals. Other means of attacking notices. Registers and information handling. Commercial implications
