Leonard Kasler & Company

     Environmental Protection

(20 Things for a Land Owner to Know)

1. Legislation is likely to be brought into force in July 1999.

2. It will enable Local Authorities to require Landowners or Occupiers to clean up contaminated land

3. In some cases, they may not have been the Polluters.

4. Local Authorities will be under a duty to set up a system to inspect land, conduct site investigation and enforce the legislation.

5. Statutory Guidance as to how the system will work in practice is likely to be issued towards the end of 1998.

6. It is likely that the Local Authority will try to agree a "clean-up" strategy with the Landowner, Occupier or Polluter.

7. If agreement cannot be reached,   then formal notices will be served.

8. Failure to comply with the Notice without reasonable excuse will be a criminal offence punishable by a fine

9. The degree of "clean-up" will depend upon the likely future use of the land .

10. A residential site is likely to require a higher degree of "clean-up" than an industrial site

11. If the Polluter cannot be found, then the present Owner or Occupier can be made responsible.

12. The Local Authority may do the clean-up work itself and recover the cost from the Polluter, Landowner or Occupier.

13. Local Authorities will no doubt deal first with environmentally sensitive areas e.g. residential ones.

14. It is now incumbent upon any developer to commission detailed surveys in respect of any land which might possibly have had a "dirty use" in the Past.

15. Sellers will be asked increasing, at the preliminary enquiry stage, to declare their knowledge of the history of any site.

16. It will therefore be important to investigate and maintain a history of any site.

17. The Local Authorities will be compiling a register of sites to be the subject of notices and, clearly, searches must be made in such Register before such purchase.

18. If you own any Sites which may already be contaminated, you should be investigating the likely cost

19. Speak to your accountants about whether the future cost should be a charge against your profits for tax purposes

20. Talk to us to discuss the exact extent of your liabilities and the possibility of tracking down the Polluter, if he was a previous owner

                             Get in touch now!

                                         Michael Breeze

                                        Leoanrd Kasler & Company        

                            Sunday, 13. October 2002