SEPA's role in contaminated land
Monitoring, regulating and preventing future land contamination
We manage land contamination in a number of ways. Our duties and powers as one of the regulatory authorities of contaminated land are laid out in Part IIA of the EPA.
Our most significant role is regulating industries involved in the disposal of waste in order to prevent future land contamination. We do this through legislation and regulations where we are the enforcing authority, such as EASR.
Enforcing the cleaning up of historically contaminated land (remediation)
When contaminated land is designated as a special site, we act as the enforcing authority to secure remediation. We maintain a public register of such sites.
We also have powers to recover the cost for remediation undertaken. Learn more on our remediation page.
Planning
Planning authorities can consult SEPA on proposed developments. We specifically provide information regarding potential pollution of the water environment associated with land affected by contamination.
We can provide site-specific advice to local authorities regarding land contamination.
Special sites
We are responsible for maintaining a public register of contaminated land designated as ‘special sites’. To find specific details on special sites, visit the special sites page.
Radioactive contaminated land
SEPA acts as the enforcing authority for the investigation, identification, characterisation and regulation of remediation of radioactively contaminated land.
The same principles of ‘the polluter pays’ and ‘sustainable for use’ apply to radioactive contaminated land.
Read more about the relevant legislation:
The Radioactive Contaminated Land (Scotland) Regulations 2007 on legislation.gov.uk
Radioactive Contaminated Land (Scotland) Regulations 2007: statutory guidance on gov.scot
The Radioactive Contaminated Land (Scotland) (Amendment) Regulations 2007 on legislation.gov.uk
The Radioactive Contaminated Land (Scotland) Amendment Regulations 2009 on legislation.gov.uk
State of contaminated land reports
We have a duty to report on how land contamination affects Scotland’s environment, as and when requested by Scottish ministers.
In 2009, we published the 'Dealing with land contamination in Scotland’ report. This showed the extent of contaminated and potentially contaminated land in Scotland, and details the progress made in regulating contaminated land under Part IIA of the EPA.
What SEPA aren’t responsible for
SEPA does not identify land as contaminated. This is the responsibility of local authorities. We also don’t sign off land as being not contaminated.