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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Contaminated Land: The New Regime

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ISBN13: 9780421661202
ISBN: 0421661208
Published: July 1999
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Out Of Print

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

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Environmental Law
.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.