You can take remedial measures if you learn that your property is built on contaminated land and could be hazardous to you, the environment, and your property. According to the Environmental Protection Act 1990, the responsibility for cleaning up contaminated land falls to the person responsible for causing the contamination.
However, it isn’t always possible to identify the person, persons, or companies that may be responsible, especially as some contamination may have occurred some years previously. Unfortunately, the land’s current owner is responsible for decontaminating it in this case.
If you discover that your property is on contaminated land, it’s essential to take appropriate steps to protect your health, the environment, and your property’s value. Here are some important actions to consider:
- Safety precautions – if you suspect that your property is on contaminated land, prioritize your safety and the safety of others. Avoid direct contact with contaminated soil or groundwater and keep children and pets away from affected areas
- Contact environmental authorities – notify the appropriate environmental authorities, such as the local environmental protection agency or council, about the contamination. They can provide guidance on next steps and may conduct investigations or assessments to determine the extent of the contamination and assess potential risks
- Environmental assessment – consider hiring a qualified environmental consultant or remediation specialist to conduct a comprehensive assessment of the contamination. This may include soil and groundwater testing, site investigations, and risk assessments to evaluate potential health and environmental risks
- Legal advice – consult with legal advisors who specialize in environmental law to understand your rights and responsibilities as a property owner. They can advise you on legal obligations, potential liabilities, and options for remediation and cleanup
- Remediation options – depending on the extent and nature of the contamination, you may need to implement remediation measures to mitigate the risks and protect human health and the environment. Remediation options may include soil excavation and removal, groundwater treatment, containment measures, or in-situ remediation techniques
- Financial considerations – assess the financial implications of dealing with contaminated land, including the costs of environmental assessments, remediation, and potential loss of property value. Explore options for funding assistance, such as government grants or loans, insurance coverage, or legal recourse against responsible parties
- Disclosure – if you decide to sell the property in the future, you may be legally obligated to disclose the contamination to potential buyers. Consult with legal advisors to understand your disclosure obligations and ensure compliance with relevant laws and regulations
- Community engagement – engage with local stakeholders, including neighbours, community groups, and elected officials, to address concerns and seek support for remediation efforts. Building community awareness and collaboration can facilitate the resolution of contamination issues and promote positive outcomes for all stakeholders
Dealing with contaminated land can be complex and challenging, but taking proactive steps and seeking expert advice can help you navigate the process effectively and protect your interests as a property owner.
