PartIIA of the Environmental Protection Act 1990

The regulator for land contamination is the local authority. The following local authorities have a working partnership for meeting the requirements of this responsibility which commenced in April 2001:

The Dorset and New Forest Contaminated Land Consortium of Local Authorities

  • Bournemouth Borough Council
  • Christchurch Borough Council
  • East Dorset District Council
  • New Forest District Council
  • North Dorset District Council
  • Purbeck District Council
  • West Dorset District Council
  • Weymouth and Portland Borough Council

The District or Borough Environmental Health Officer will act as a statutory consultee in the Planning regime for various environmental issues, in addition to being the officer responsible for ensuring that the council meets its obligations under PartIIA.

The context of this legislation and the inherent responsibilities in England are covered in the following legislation & statutory guidance;

Statutory Instrument 2000 No.227: Contaminated Land Regulations
Statutory Instrument 2001 No.663: Contaminated Land Regulations (Amendment)
Section 86 of the Water Act 2003 (Amendment of Part IIA - not yet in force)
Extension of PartIIA to Include Radioactively Contaminated Land (Amendment of Part IIA - not yet in force)

The CIEH have produced a professional practice note relating to making PartIIA determinations following advice from the Government concerning the use of generic risk assessment criteria. The document is for the advice of Local Government Officers but sets out the current principles that are applied in considering the potential for harm in the context of human health. The document can be downloaded here:

Download CIEH Professional Practice Note (PDF 147Kb)

For information on pollution of controlled waters please contact the Environment Agency, there is a link at the bottom of this page. Additionally the Environment Agency has published documents relating to the risk assessment of pollutant linkages relating to ecological receptors.

The regulator is charged with producing and publishing a strategy for the inspection of the district or borough for potentially contaminated land. The inspection processes which are now underway require sites to be categorised, and action under PartIIA prioritised, in accordance with the principles outlined in the strategy. Each of the member authorities has published its own strategy which can be found on the specific authority websites. The member authorities are well underway in the carrying out of their inspections which has been assisted by the processing of some sites through the planning regime. This action is now subject to performance indicators (BVPI 216a and 216b).

If you wish to send an email concerning a contaminated land issue in one of the above listed districts please submit your question to: contact@wpa-environmental.com

WPA Consultants Ltd is the Contaminated Land service provider for these authorities and will direct your enquiry to the correct Council and Officer concerned.


Environment Agency