The contaminated land regime, introduced by Part 2A of the Environmental Protection Act 1990 (EPA 1990; see also the Contaminated Land Regulations 2006), was extended (with modification) to cover radioactive contaminated land by the Radioactive Contaminated Land (Enabling Powers) Regulations 2005 and the Radioactive Contaminated Land (Modification of Enactments) Regulations 2006 and 2007. In combination, they provide a regulatory system for identifying and requiring the remediation of contaminated land adjacent to nuclear sites where such land is causing lasting radiation expo­sure to any person, or where there is a significant possibility of such expo­sure. Extending the regime to cover radioactivity was necessary to ensure that the UK complied with its obligations to transpose Articles 48 and 53 of the Basic Safety Standards Directive (Directive 96/29 Euratom). The identification of contaminated land is based upon establishing a pollution linkage from a contaminant, through a pathway to a receptor. In the case of radioactive contaminated land, the receptor vulnerable to harm must be a human. The regime is based on the ‘polluter pays’ principle, unless the polluter cannot be found, in which case liability for remediation will shift to the owner or occupier of land (Section 78F of the EPA 1990). Determining responsibility may become an important issue where historic nuclear sites are being used for the commissioning of new plant.

Although the primary regulatory responsibility for contaminated land under Part 2A rests with local authorities, the EA is the enforcing authority where land is characterised as a ‘special site’ by virtue of radioactivity. A risk-based approach to remediation will be applied having regard to the anticipated costs and the seriousness of the risks or harm, and the enforcing authority is obliged to consider the contaminated land regime guidance document issued by the Secretary of State. The potential costs of contami­nated land remediation could be extremely high, and a failure to comply with the terms of a remediation notice may result in the imposition of a fine, including the possibility of a daily fine for continued non-compliance (Section 78M). The enforcing authorities are also empowered to carry out the remediation themselves (Section 78BN) and to recover their reasonable costs from the party deemed responsible (Section 78P).