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Waste and Contaminated Land

Everyone generates waste. The European Waste Directive has resulted in comprehensive controls on managing and disposing of waste in Part II of the Environmental Protection Act 1990, and related regulations. Additional restrictions apply to wastes which are classified as hazardous.

The question of what is waste has provoked a great deal of case-law in the European Court of Justice. Essentially, it depends on the intention of the party perceived as discarding it, but judged objectively. Consequently, it is possible to avoid material being classified as waste by ensuring that it is treated as a material resource to meet a particular need before the point of discarding. We therefore advise clients wishing to make use of secondary materials to enter into appropriate contracts for specified material, thus avoiding the necessity of obtaining waste permits and preserving non-waste status of land and therefore its value.

Worse, devaluation arises from land identified as contaminated for the purposes of Part IIA of the EPA 1990. An industry has developed providing environmental reports which focus on the question whether the land may be identified and current owners forced to clean it up. However other reported information can be extremely damaging to value and marketability. QualitySolicitors Parkinson Wright can provide detailed analysis of the other information contained in the environmental search and call in other experts.

We can advise clients how to overcome pollution issues affecting development and to avoid identification as contaminated land. Early action is imperative.

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