2.2 Environmental Law Flashcards
What happens if more than one Appropriate Person
LA determines proportion of responsibility
When does Class B AP become relevant
If Class A AP has disappeared
Why is S unlikely to respond to environmental Qs in CPSE
To avoid being liable
What is a Greenfield site
Undeveloped land
What will S want to ensure if C is conditional on clean-up
No liability once B satisfied - B becomes Class A + indemnifies S in case LA bring enforcement action
What kind of buyer is considered Class A if land is contaminated
Commercial buyer - deemed to have knowledge of contamination
What 3 options do LA/EA have once Appropriate Person identified
Come to informal agreement to remediate, serve Remediation Notice or enter + clean up + recover
When can T be Class B
Occupier + agreed to comply w/ Os
How can L indirectly pass cost of environmental liabilities to T in covenant
T covenants to comply w/ statutory Os
Why is there overlap between PP + environment?
Contamination is a ‘material consideration’ for whether to grant PP
Why does lender care if contamination found on land
Affects value and liability can extend to lender if in possession
What may PP be conditional on if issues as to contamination
Remediation
What is a ‘special site’
Seriously contaminated land
What search shows if Remediation Notice already served
CON29
Is a Greenfield site necessarily contaminated?
May be, but unlikely
Class A AP
Caused/knowingly permitted contamination/buying w/ knowledge
When is an EIA required
Major developments
Cons of conditional C
Delay + S may reject and sell to competitor (and land may turn out to be clean)
3 options for B if contamination of land
Conditional C, price reduction or warranties/indemnities
Who is a Remediation Notice served on
The Appropriate Person
Pros of conditional C
Covers clean up, certainty, may be using conditional C anyway + avoiding Class A liability
If service charge widely drafted so could pass environmental liability to T, what should you do
Cap service charge to limit liability OR try to remove ref to contamination completely (if excluded elsewhere, unfair to claim here)
Cons of warranties + indemnities for contaminated land
Time negotiating, dependent on S covenant strength and B inherits Class A liability
What happens if land is a special site
EA take over
What is contaminated land defined as under 78A(2) EPA
Land causing significant harm or pollution
Only use price reduction in what circumstances
Contamination localised and minor
Is a Brownfield site necessarily contaminated?
No
Pros of warranties + indemnities for contaminated land
Appropriate if full scale investigation impossible and quick
Pros of price reduction for contaminated land
Quick, simple and appropriate if localised and minor
What does an EIA look at
Increased traffic, noise, vibration, green areas etc.
What should happen re: the lender in a purchase if contamination found
Made aware of actual/potential environmental liabilities
Who has responsibility to identify contaminated land + provision
LA - 78B EPA
Two ways L will pass cost of environmental liabilities to T
Express/indirect covenants and via service charge
what is a Brownfield site?
Previously developed but not FULLY in use
What are the implications of not complying w/ Remediation Notice
Criminal offence + LA recovers cost of remedying
Two categories of Appropriate Person
Class A and Class B
When can T be Class A
If full knowledge of contamination + long lease
Cons of price reduction for contaminated land
Buyer inherits Class A liability and cost may exceed reduction
What is a Class B AP
Those who own/occupy land
What defines ‘contaminated land’
78A(2) EPA ‘90
What Regulations may S have to consider re: asbestos
Asbestos Regulations
What do the Asbestos Regulations require property owner to do
Prepare formal assessment on asbestos + control by either monitoring or removing completely
What assessment should B obtain as implications can be very costly
Formal assessment on asbestos
