Part 2A of the Environmental Protection Act

Part 2A of the Environmental Protection Act 1990 was introduced by the Environment Act 1995. It came into force on 1 April 2000. Contaminated land is defined in Part 2A as follows  

Significant receptors for gas are not only humans or buildings but can also include building services, crops, farm animals or sites of ecological importance. Specific receptors for a site should be identified. 

Significant harm can include death, serious injury, disease, reduction of crop yields or structural damage to buildings. Many risk assessments only consider death or injury to humans. It is clear that there are other factors that need to be considered in any risk assessment to formally determine whefher or nof a site is contaminated due to landfill or other ground gas. 

Government policy in the UK is to remediate land via voluntary means wherever possible. The preferred route is by encouraging redevelopment of contaminated sites and using the planning and building control systems to obtain satisfactory remediation (Scottish Environmental Protection Agency (SEPA), 2007). Using the powers of Part 2A is seen as a method of last resort. 

When assessing risk in relation to Part 2A there is a very clear need for comprehensive information and robust data in order to make a reasonable assessment of risks. This is far more important for this situation than with development sites where a lack of data can usually be dealt with by a conservative approach to the design of remedial measures. Being overly conservative in a Part 2A assessment of risk can be just as bad as being optimistic. For example, if the over-conservatism results in properties that are not at risk being blighted, or an unnecessary cut-off barrier is installed at great 

---

Where sites are not likely to be dealt with as part of redevelopment in a reasonable timescale, local authorities can use the powers granted to them under Part 2A of the Environmental Protection Act 1990 to assess risks posed by sites and ensure that they are remediated where necessary. 

A quantitative risk assessment is rarely required except on the most difficult or sensitive of sites. Sites that are being assessed under Part 2A of the Environmental Protection Act 1990 are likely to require a quantitative assessment to provide a robust indication that there is a pollutant linkage. 

SEPA (2007) Part 2A of the Environment Protection Act 1990, common questions and answers. Scottish Environmental Protection Agency, Stirling, UK. www.sepa. org.uk/contaminated-land/partii/3.10.htm (last accessed May 2007). 

DETR (2000) Environmental Protection Act 1990 Part 2A Contaminated Land. Circular 02/2000, Department of the Environment, Transport and the Regions, London, UK. 

---