Defra has announced a decision to
review the Statutory Guidance which underpins the contaminated land
regime under Part 2A of the Environmental Protection Act 1990.
This decision follows work over the last year to examine the
implementation of the current regime, and input from a wide range of
stakeholders. It is now ten years since the Statutory Guidance was first
introduced and we believe that there is a strong case for considering where
it could be amended to reflect experience in delivering the regime and
developments in our scientific understanding.
Over the next few months Defra will be meeting with key stakeholders in
the contaminated land sector to discuss where improvements to the
Guidance could be made with the aim of formally consulting on proposals
to amend the Statutory Guidance later this year. While this work
proceeds, Local Authorities should continue to fulfil their legal duty to
identify and deal with contaminated land.
Given the potential for changes to the Statutory Guidance, Defra will be
postponing the publication of the proposed best practice guidance on
contaminated land decision making (announced in the recently published
Soil Strategy) until after any changes to the Statutory Guidance are made.
Comment from Environmental protection UK: