Title: Environmental Liability Transfer in Europe: Divestment of Contaminated Land for Brownfield Regeneration 
Resource Type: document --> technical publication --> report 
Country: International organisation- network or project 
Year: 2011 
Availability: Final Report May 2011 
Author 1/Producer: NICOLE Brownfields Working Group 
Other Authors/Producers: Ian Heasman, Frank Westcott, Paul Connell, Elze-Lia Visser-Westerweele, Sarah MacKay 
Author / Producer Type: Professional / trade / industry associations, institutes or networks 
Report / download web link (=direct link): http://www.nicole.org  
EUGRIS Keyword(s): Brownfields
Contaminated land-->management&admin
Contaminated land-->policy and regulatory
Short description: Closure of industrial sites is an inevitable part of the cycle of land use. Organisations closing facilities are sensitive to the possibility that, even with safeguards in place, it could be possible for a post-divestiture contamination problem to end up back with them. Unlike the sale of many assets there can be a continuing liability associated with the sale of land in line with the Polluter Pays Principle. Such liability can ‘bounce back’ to the original polluter. Liability transfer can be a key element of the decision whether land remains un-reclaimed, or whether the ‘factory gates are opened’ and the site is regenerated into a new productive use, supporting local needs such as employment or housing provision. The NICOLE Brownfield Working Group has published their final report entitled ‘Environmental Liability Transfer in Europe: Divestment of Contaminated Land for Brownfield Regeneration’. The report includes a Road Map which illustrates the issues for liability transfer within Europe. It contains detailed information for 15 different European jurisdictions. Following the Road Map for environmental liability transfer the traveller will explore: • The definitions of ‘contaminated land’, ‘brownfield’ and related terms, what status they have and how they are used in different European countries; • Legislative, policy and market drivers for brownfield regeneration in Europe, and how they are used in different European countries/territories; • Environmental liability transfer mechanisms in Europe, including statutory and contractual provisions, and insurances; and • The Roadmap for environmental liability transfer containing Tools and Checklists for environmental liability transfer applicable across all European jurisdictions. The work is also summarised in a brochure format entitled ‘Environmental Liability Transfer for Contaminated Land: Key Questions and Answers’. 
Submitted By: Professor Paul Bardos WhoDoesWhat?      Last update: 03/06/2011

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