Contributed By Hawkins Hatton Corporate Lawyers Ltd
Land is considered to be contaminated where substances are either causing or could cause:
Generally, the person who caused or allowed the contamination to occur is liable for it unless they cannot be identified or the local council/environmental agency determines them exempt. The council may decide that the landowner or the person who occupies the land is liable for the contamination. Owners or occupiers who cause contamination remain liable after the disposition of the land, whereas, an owner/occupier who is not a polluter has no liability when their ownership or occupation of the property ceases.