Definition of contaminated land
The statutory definition versus the terms used in everyday language.
Contaminated land within the meaning of the statute has a very specific meaning; it is not the same as the meaning applied in everyday usage. Land is contaminated for the purpose of the legislation only where a pollutant linkage exists.
A pollutant linkage is a positive relationship between:
- contaminant, a substance which is in, on or under land and which has the potential to cause harm or to cause pollution of ground waters
- a pathway and one or more routes by which a receptor is being (or could be) exposed to or affected by a contaminant
- a receptor, a living organism, a group of living organisms, an ecological system or a piece of property which is listed in Table A, Appendix A of Circular 01/2006 and which is being (or could be) harmed by a contaminant; or controlled waters which are being (or could be) polluted by a contaminant.
Within the context of the current or likely use of the land consistent with it's current planning permission and any informal recreational use of that land.
The existence of a pollutant linkage alone does not make land contaminated land. The effect of the substances must be that significant harm is caused or there is significant possibility of such harm being caused; or there is pollution of controlled waters. Find out more about the possibility of significant harm.
Thus, it may be possible for chemicals to be within soil but because they cannot reach a receptor then the land is not contaminated within the meaning of statute but may be described as such within the ordinary day-to-day use of the English language.
Last updated : 06/07/2007
