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Summaries of Government and regulatory guidance

This page gives summaries and links to Government and regulatory guidance. A brief description of the scope and key topics in the guidance is given.

1. Jump to Defra Circular 01/2006
2. Jump to Welsh Assembly Government (WAG) 2006
3. Jump to Scottish Executive Paper SE/2006/44
4. Jump to HSE SAPs 2006
5. Jump to Environment Agency 2006
6. Jump to Environment Agency 2002
7. Jump to PPS 23
8. Jump to PAN 33
9. Jump to WLGA 2006

Defra Circular 01/2006

Title – Environmental Protection Act 1990: Part 2A Contaminated Land (September 2006)

Available at – www.defra.gov.uk/environment/land/contaminated/pubs.htm

Scope:

• Part 2A regime for land with radioactive, non-radioactive and mixed contamination
• England
• statutory guidance for local authorities and the Environment Agency
• summary of Government policy, description of Part 2A regime, guide to regulations.

Key Topics:

• definition of (non-radioactive) “contaminated land” under Part 2A: guidance on “significant harm”, “significant possibility of significant harm”, “pollution of controlled waters”
• definition of “radioactive contaminated land” under Part 2A: guidance on when “harm” is being caused and what is “significant possibility of harm”
• duties of local authorities to identify contaminated land
• remediation of contaminated land: deciding on the best practicable technique, assessing the reasonableness of remediation, establishing the “standard of remediation”, justification and optimisation of interventions to remediate radioactive contaminated land
• apportioning liabilities and recovering costs.

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Welsh Assembly Government (WAG) 2006

Title – Part 2A Statutory Guidance on Contaminated Land (December 2006)

Available at – www.new.wales.gov.uk/topics/environmentcountryside/epq/contaminated_land

Scope:

• Part 2A regime for land with radioactive, non-radioactive and mixed contamination
• Wales
• statutory guidance for local authorities and the Environment Agency.

Key Topics:

• definition of (non-radioactive) “contaminated land” under Part 2A: guidance on “significant harm”, “significant possibility of significant harm”, “pollution of controlled waters”
• definition of “radioactive contaminated land” under Part 2A: guidance on when “harm” is being caused and what is “significant possibility of harm”
• duties of local authorities to identify contaminated land
• remediation of contaminated land: deciding on the best practicable technique, assessing the reasonableness of remediation, establishing the “standard of remediation”, justification and optimisation of interventions to remediate radioactive contaminated land
• apportioning liabilities and recovering costs.

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Scottish Executive Paper SE/2006/44

Title – Environmental Protection Act 1990: Part IIA Contaminated Land Statutory Guidance: Edition 2 (May 2006)

Available at – www.scotland.gov.uk/Publications/2006/06/05131212/0

Scope:

• Part IIA regime for land with non-radioactive contamination
• Scotland
• statutory guidance for local authorities and SEPA
• summary of Scottish Executive policy, description of Part IIA regime, guide to Scottish regulations

Key Topics:

• definition of (non-radioactive) “contaminated land” under Part 2A: guidance on “significant harm”, “significant possibility of significant harm”, “significant pollution of the water environment” and "significant possibility of significant pollution of the water environment"
• duties of local authorities to identify contaminated land
• remediation of contaminated land: deciding on the best practicable technique, assessing the reasonableness of remediation, establishing the “standard of remediation”
• apportioning liabilities and recovering costs.

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HSE SAPs 2006

Title – Safety Assessment Principles for Nuclear Facilities

Available at – www.hse.gov.uk/nuclear/saps/index.htm

Scope:

• land with radioactive contamination, on or adjacent to nuclear-licensed sites
• UK guidance for HSE inspectors.

Key Topics:

• safe management of radioactively contaminated land
• site strategies for detection, control and remediation of radioactively contaminated land
• land characterisation
• making and implementing plans to remediate areas
• keeping records
• preparing safety cases
• remediation prior to construction of new facilities.

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Environment Agency 2006

Title – Radioactive Contaminated Land

Available at – www.environment-agency.gov.uk/subjects/landquality/1138183/1442829

Scope:

• Part 2A regime for radioactive contaminated land
• England and Wales
• Environment Agency role under Part 2A and for other land contaminated with radioactivity

Key Topics:

• briefing notes on:
  1. potential sources of radioactive contamination
  2. overview of land contaminated with radioactive substances
  3. developing land contaminated with radioactivity
  4. contaminated land regime (Part 2A) and radioactivity
  5. land contaminated with radioactivity on nuclear licensed sites
  6. land contaminated with radioactivity and the Radioactive Substances Act 1993
  7. voluntary remediation of land contaminated with radioactivity
  8. land contaminated with radioactivity and the principles of radiation protection
• guidance to help local authorities in initial inspections of sites that may be radioactive contaminated land:
  • collation and assessment of documentary information
  • visual inspection and limited surveys
• radioactive contaminated land glossary
• frequently asked questions.

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Environment Agency 2002

Title – Guidance on the Characterisation and Remediation of Radioactively Contaminated Land ( May 2002)

Available at – www.environment-agency.gov.uk

Scope:

• radioactively contaminated land outside nuclear-licensed sites
• England and Wales
• excludes Part 2A regime

Key Topics:

• Radioactive Substances Act 1993 regime and its application to disposal of wastes from remediation of radioactively contaminated land
• radiological protection principles and dose assessments
• site characterisation
• selecting and implementing remedial options
• remediation technologies.

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PPS 23

Title – Planning Policy Statement 23: Planning and Pollution Control, Annex 2: Development on Land Affected by Contamination (Office of the Deputy Prime Minister, 2004)

Available at – www.communities.gov.uk/index.asp?id=1143803

Scope:

• planning regime for land with radioactive, non-radioactive and mixed contamination
• England
• contamination from natural sources and human activities
• advice to local authorities, developers and other interested parties

Key Topics:

• relationship between planning controls and Part 2A
• roles and responsibilities of land owners, developers, local authorities, regional planning bodies, the Environment Agency
• when to consider the possibility that contamination (natural or man-made) is present
• requirements for site investigation and risk assessments
• standards of remediation to be achieved by granting planning permission for new development
• assessing proposed remediation measures
• including conditions in planning permission (eg for further site characterisation, risk assessment and appraisal of remediation options, for validation of remediation).

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PAN 33

Title – Planning Advice Note 33, Development of Contaminated Land (Scottish Executive, October 2000)

Available at – www.scottishexecutive.gov.uk/Publications/2000/10/pan33

Scope:

• planning regime for non-radioactively contaminated land
• Scotland
• advice to planning authorities for all sites where contamination is or could be an obstacle to development, regardless of whether development is being proposed.

Key Topics:

• “suitable for use” approach
• site specific risk assessments
• including conditions in planning permission
• assessing site restoration plans
• summary of Part IIA regime
• formulation and implementation of a site restoration strategy
• interactions between the planning and Part IIA regimes
• steps in the remediation process (site characterisation, risk assessment, analysis of redial options, verification, record keeping)
• checklist for processing planning applications.

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WLGA 2006

Title – Land Contamination: A Guide for Developers (Welsh Local Government Association, Welsh Assembly Government and Environment Agency, July 2006)

Available at – www.new.wales.gov.uk/topics/environmentcountryside/epq/contaminated_land

Scope:

• planning regime for non-radioactively contaminated land
• Wales
• reference document for developers and their advisors about type of information required by local authorities to assess planning applications for developments on brownfield sites.

Key Topics:

• descriptions of key stages in dealing with contaminated land: risk assessment, appraisal of remediation options, implementing remediation strategy
• checklists of reports to be submitted to local authorities.

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