Contaminated land can deprive local communities of a healthy environment and cause wider environmental damage. It is therefore crucial that all unacceptable risks are identified and that the remediation of such land enables it to be 'suitable for use'.
The Contaminated Land Regime, which is set out in Part 3 of the Waste and Contaminated Land (Northern Ireland) Order 1997
, has been enacted but is not yet in force. This regime is very similar to that provided in Part IIA of the Environmental Protection Act 1990 in England, Scotland and Wales. A timetable for implementation of the regime has not been agreed and further updates will follow in due course.
This regime supports the 'polluter pays' principle and is intended to manage issues arising from historic contamination. It is fully retrospective in action. The District Councils will be the primary regulators for the regime and initial activity will focus on the preparation of site inspection strategies which are to be completed within 12 months of the regime being in place.
Some amendments to the primary legislation are being made to facilitate the implementation of the regime. These are to be achieved through the current Waste Bill which will shortly be the subject of a consultation published by the Department of Environment Planning and Environmental Policy Group.
In assessing and managing risks from contaminated land NIEA seek to apply good practice guidance and the UK technical framework detailed in the Model Procedures for the Management of Land Contamination (CLR 11) 2004(.PDF 1.82Mb).
Further details on the framework and sources of technical guidance can be found on the Contaminated Land Guidance page.