Transparency data

Mercury contaminated sites in the UK

Published 5 January 2021

Article 15 of the retained version of the EU Mercury Regulations contains a requirement for the Secretary of State to organise an exchange of information with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, the Scottish Ministers and the Welsh Ministers, regarding the measures taken at national level to:

• identify and assess sites contaminated by mercury and mercury compounds
• address the significant risks such contamination may pose to human health and the environment

This information exchange includes enforcing authorities^{[footnote 1]} publishing remediation notices (in a manner they consider appropriate) relating to sites contaminated by mercury and mercury compounds served by that authority in the register it keeps in accordance with section 78R of the Environmental Protection Act 1990.

For the purpose of this Article “enforcing authority” means:

• in relation to a special site, the appropriate Agency
• in relation to contaminated land other than a special site, the local authority in whose area the land is situated

This publication summarises the information available on contaminated sites in the UK.

England and Wales

Contaminated land is land which meets the legal definition of contaminated land under Part 2A of the Environmental Protection Act 1990. Part 2A is only used where there are unacceptable risks to health or the environment from the current use of land which cannot be addressed by any other means (for example through re-development under planning).

Under Part 2A, local authorities have a duty to inspect their areas to identify contaminated land and to require those responsible to remediate contaminated land. They also have discretionary powers to carry out the necessary works and recover costs in specified circumstances. The Environment Agency and National Resources Wales have similar power and duties for any contaminated land which local authorities also designate as a special site.

The UK Government and Welsh Government have published statutory guidance on Part 2A.

For more information on remediation notices relating to sites contaminated by mercury and mercury compounds in England or Wales contact the relevant enforcing authority. For designated special sites in England this will be the Environment Agency and for special sites in Wales this will be National Resources Wales. In relation to contaminated land other than a special site, contact the local authority in whose area the land is situated.

Enforcing authorities are responsible for publishing remediation notices for mercury contaminated sites in the register they keep in accordance with section 78R of the Environmental Protection Act 1990.

Scotland

The management and remediation of contaminated land that, in its current state, is causing or has the potential to cause significant harm or significant pollution of the water environment, is regulated by legislation contained within Part 2A of the Environmental Protection Act 1990. Part 2A is further established in Scotland by the Contaminated Land (Scotland) Regulations 2000, as amended and the Scottish Government’s Statutory Guidance. Edition 2 provides the detailed framework for the definition, identification and remediation of contaminated land.

For more site-specific information on contaminated land in Scotland contact the relevant enforcing authority. For designated special sites in Scotland, this will be the Scottish Environment Protection Agency. In relation to contaminated land other than a special site, contact the local authority in whose area the land is situated.

Enforcing authorities are responsible for publishing remediation notices for mercury contaminated sites in the register they keep in accordance with section 78R of the Environmental Protection Act 1990.

Northern Ireland

To access information on the historic land use of sites in Northern Ireland where there is a potential for contamination to be present, the Northern Ireland Environment Agency’s Regulation Unit holds a land-use database available to view via the OSNI Spatial NI Geoportal. The database contains details on approximately 12,000 sites within Northern Ireland.

More detail on mercury contaminated land in Northern Ireland will be published on the Department of Agriculture, Environment and Rural Affairs’ Land quality page.

1. “enforcing authority” has the meaning given in section 78A(9) of the Environmental Protection Act 1990 c. 43. Section 78A was amended by S.I. 2006/1831, 2013/755. Section 78R was inserted by section 57 of the Environment Act 1995 (c. 25). ↩