Contaminated land
What is contaminated land?
Land can become contaminated by different substances, from heavy materials to agricultural waste. Contamination can be caused by past or current activity or accidental releases of substances.
Contaminated land can present significant threats to the environment and risks to users of the land. The environmental, financial and legal consequences can be serious.
To be identified as 'contaminated land', a site must meet the criteria set out in the legislation and statutory guidance. These criteria relate to whether a site is causing an unacceptable risk in its current state. Therefore, not all land affected by contamination is necessarily 'contaminated land'.
On this page, ‘contaminated land’ refers to cases of historic contamination. You can report a recent or current environmental event here.
How does land become contaminated?
Land contamination can happen due to poor practice and a lack of knowledge about environmental hazards. Land can become contaminated due to previous industrial processes, disposal of waste by landfilling and illegal tipping, and leaks and spills of raw materials, effluents and fuels.
Contaminants can range from solvents, oil, petrol and heavy metals to radioactive substances. Contaminants don’t just come from industrial processes. Agricultural activities, inadequate waste disposal, and everyday activities such as petrol distribution and dry cleaning can contaminate land.
Key responsibilities
SEPA
SEPA has certain responsibilities to regulate activities and assist in the management and remediation of contaminated land. Our responsibilities include:
monitoring and regulating industries to prevent future land contamination
securing remediation and maintaining a public register of designated ‘Special sites’. Special sites are a small sub-set of contaminated land which meet certain criteria specified in the legislation. If contaminated land has been formally designated as a special site by the local authority, SEPA then becomes the lead regulator
when planning authorities consult us on proposed developments, we provide comment on the risks land contamination may pose to the water environment.
Learn more about SEPA’s responsibilities.
Local authorities
Local authorities are the primary regulators of contaminated land. They are responsible for inspecting their areas, formally identifying contaminated land and designating special sites.
When making their assessment, local authorities are required to consult with SEPA regarding the determination of pollution of the water environment and with NatureScot concerning harm to ecological systems.
Learn more about local authority responsibilities here. Environmental consultants may also find this information useful.
Land owners and managers
As a land owner or manager, you may be responsible for cleaning up contaminated land. Your local authority is responsible for identifying contaminated land and contacting you when necessary.
Find out more on our remediation page.
Planning and developers
The planning sector plays an important role in addressing the problem of land contamination. When preparing development plans and seeking development authorisation, you’ll need to consider the risk of contaminated land.
Learn more on our page for planning and development.
How do I find out if a site is contaminated?
The relevant local authority will have information on the status of contaminated land.
To contact your local authority about contaminated land, find your local authority on mygov.scot.
Legislation and regulation
Contaminated land is regulated by legislation within the Environmental Protection Act 1990 (EPA), known as Part IIA.
In Scotland, the Contaminated Land (Scotland) Regulations 2000 (as amended) and the Statutory Guidance build upon Part IIA. The regulations provide a detailed framework for the definition, identification, and remediation of contaminated land.
Part IIA primarily deals with historic contamination. Today, there is a much greater appreciation for the environmental impacts of industry. These are monitored, controlled and regulated by legislation such as EASR and the Environmental Liability Regulations.
Part IIA is underpinned by the core principles of the 'polluter pays' and a 'suitable for use approach'. Risks are assessed on a site-by-site basis, there are no universal standards defining what is or isn’t contaminated land.
To find out more specific information about Part IIA, visit:
Environmental Protection Act 1990, Part IIA on legislation.gov.uk
The Contaminated Land (Scotland) Regulations 2000 on legislation.gov.uk
The Contaminated Land (Scotland) Regulations 2005 on legislation.gov.uk
Cleaning up contaminated land (remediation)
The process of cleaning up contaminated land is known as remediation. Remediation includes assessing the condition of the site, undertaking work to clean up the site, and monitoring the ongoing condition of the site. The goal of remediation is to remove any risk to human health or the environment.
You can learn more on our Remediation page.
Special sites
SEPA are responsible for maintaining a public register of contaminated land which has been designated as a special site. Local authorities are responsible for designating special sites and seeking advice from us. Once contaminated land has been designated as a special site, SEPA becomes the enforcing authority.