CIRD60135 - Remediation of contaminated land: definition: land in a contaminated state

Land is in a contaminated state if, and only if, substances in, on or under the land are causing:

• harm, or there is the possibility of them causing harm, or
• the pollution of controlled waters, or the possibility of their pollution.

(FA01/SCH22/PARA3).

Nuclear sites are specifically excluded from the definition of land in a contaminated state (see CIRD60140).

In this guidance 'contaminated land' is used as shorthand for the phrase 'land in a contaminated state' and is not to be confused with that term as defined in the Environmental Protection Act, Part IIA.

A substance

A substance means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

A substance is matter having uniform properties. So, for example, asbestos is a substance but life forms are not.

(FA01/SCH22/PARA31 (1)).

Harm

Harm in this context means:

• harm to the health of living organisms,
• interference with the ecological systems of which any living organisms form part,
• offence to the senses of human beings, or
• damage to property.

(FA01/SCH22/PARA31 (1)).

Burials

The presence of burials on a site does not constitute an offence to the senses of human beings. The cost of their removal is therefore not, normally, qualifying land remediation expenditure (see CIRD60145).

However, some burials may pose a health risk, particularly if disturbed. Where this is the case the land is in a contaminated state for the purposes of this legislation. Where there is a requirement that such burials are moved to enable the site to be developed, provided all other relevant conditions are satisfied, the additional costs of providing protection against the potential health risk is qualifying land remediation expenditure.

Pollution of controlled waters

Pollution of controlled waters means the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter (FA01/SCH22/PARA31 (1)).

In broad terms controlled waters means territorial waters within the 3 nautical mile limit, coastal waters extending inland, inland waters and ground water. Specifically in:

• England and Wales it has the same meaning as in Part III Water Resources Act 1991.
• Scotland it has the same meaning as in Section 30A, Control of Pollution Act 1974.
• Northern Ireland, it means water in waterways and underground strata as defined in Article 2 (2), Water (Northern Ireland) Order 1999.

(FA01/SCH22/PARA31 (2)).