How might a contaminated land regime work in N. Ireland?

Dr Theresa KearneyLand and Resource Management Unit

today …• Drivers for dealing with land affected by

contamination in NI

• Role of Planning in risk management of land contamination

• How might a Contaminated Land regime under Part 3 work in NI?

• Way Forward

3

Remediation of Contaminated Land

Land affected by Contamination

(>14,000 potentially contaminated sites on NIEA database)

Part 3 of WCLO ’97 (pending)Identify and remove risks & return damaged land to beneficial use (where there is no change in landuse)

Planning Development & Control Advice to Planning Service to identify and manage risks to

ensure site is “suitable for use”

Voluntary remediation Advice to managing risks and remediation

of strategically important sites

Environmental Liability Directive Regulate where land damage results in

significant risk of adverse effects on health

Planning Process – risk management • Evidence based decision making

• Site specific decisions

• Information needed to:– inform uncertainties– support decisions– add confidence to decisions and management of risks

• Actions need to ensure site is “suitable for use”– As a minimum, developed land should not be capable of being determined

as contaminated land under Part 3 of the Waste and Contaminated Land (NI) Order 1997

Impacts of not managing risks …

• Unacceptable risks identified;• Loss of confidence by occupiers;• Inadequate understanding of potential risks;• Remediation of original contamination; • Action required if previous measures have been

ineffective;• Appropriate persons including developer may still

be liable

Role of a Contaminated Land Regime

• Protection of human health and the environment;

• Polluter pays principle;

• Important in underpinning the wider market based approach for dealing with land contamination;

• Encourages land contamination to be dealt with ahead of regulatory intervention

An NI Contaminated Land regime – how might it work?

• If and when implemented, it is likely to operate along similar lines to Part 2A;

• Differences– Border with another European MS– Planning function

• Department completed an assessment of resources to implement Part 3 in 2006

Assessment to implement Part 3

• Full extent of contaminated land will not be clear until the regime is in operation;

• Revenue and Capital funds required – latter allocated on a priority basis;

• Maintain parity with GB regimes – RPA creates additional difficulties in terms of timing,

administrative structures and geographical boundaries

Options considered

• Do Nothing – is a regime needed?

• Defer decision on implementation

• Implement the Part 3 Regime in 2009/10– Issues

• Level of funding secured less than that needed• EHG and Council Structures• Timing

Way Forward

• As yet no agreed timetable for implementing a contaminated land regime in N.I.

• To do so would require:– Securing new resources to support the

regulatory role of Councils and the NIEA– Revisions of the Statutory Guidance– Commencement Order

• EU driver ?