Q&As

Skilled Worker Sponsor: Certificate End Date and Reporting

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Published on: 28 June 2016
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Does the ‘sold with information’ exclusion test in relation to contaminated land apply where a local authority is selling the freehold to an independent wildlife charity? Which precedent clause(s) would be most appropriate to protect the seller?

Procedure for determining liability for Contaminated land under Part IIA of the EPA 1990

Enforcing authorities responsible for determining liability for the remediation of contaminated land under the Environmental Protection Act 1990 (EPA 1990), Pt IIA should follow the complex five-step procedure in the statutory guidance on contaminated land. In England, the relevant statutory guidance is the Defra contaminated land statutory guidance, dated April 2012. See Practice Note: Contaminated land—process for determining liability.

Step four in the procedure requires the enforcing Authority to determine whether any members of a liability group should be excluded from liability. Importantly, an ‘appropriate person’ cannot be excluded from a liability group if they are the only person in that group. Similarly, where there are two or more appropriate persons not all of them can be excluded from a liability group.

Different exclusion tests apply to Class A (causer and knowing

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Jurisdiction(s):
United Kingdom
Key definition:
Contaminated land definition
What does Contaminated land mean?

Any land in such a condition that significant harm is being caused or there is a significant possibility of such harm being caused.

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