Published October 2000

Part II A of the Environmental Protection Act 1990, which was added into it by the Environment Act 1995, came into force effective 1st April 2000. The Act sets out who should meet the costs of remediation. Generally any person who caused or knowingly permitted contamination to be in, on or under the land would be the “appropriate person” to undertake or pay for the remediation. In certain cases the consultant or contractor might assume that liability. This LPA discusses this liability, the insurance position and measures that can be taken to avoid assuming liability.