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ACP > 2.2 Environmental Law > Flashcards

2.2 Environmental Law Flashcards

1
Q

What happens if more than one Appropriate Person

A

LA determines proportion of responsibility

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2
Q

When does Class B AP become relevant

A

If Class A AP has disappeared

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3
Q

Why is S unlikely to respond to environmental Qs in CPSE

A

To avoid being liable

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4
Q

What is a Greenfield site

A

Undeveloped land

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5
Q

What will S want to ensure if C is conditional on clean-up

A

No liability once B satisfied - B becomes Class A + indemnifies S in case LA bring enforcement action

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6
Q

What kind of buyer is considered Class A if land is contaminated

A

Commercial buyer - deemed to have knowledge of contamination

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7
Q

What 3 options do LA/EA have once Appropriate Person identified

A

Come to informal agreement to remediate, serve Remediation Notice or enter + clean up + recover

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8
Q

When can T be Class B

A

Occupier + agreed to comply w/ Os

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9
Q

How can L indirectly pass cost of environmental liabilities to T in covenant

A

T covenants to comply w/ statutory Os

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10
Q

Why is there overlap between PP + environment?

A

Contamination is a ‘material consideration’ for whether to grant PP

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11
Q

Why does lender care if contamination found on land

A

Affects value and liability can extend to lender if in possession

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12
Q

What may PP be conditional on if issues as to contamination

A

Remediation

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13
Q

What is a ‘special site’

A

Seriously contaminated land

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14
Q

What search shows if Remediation Notice already served

A

CON29

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15
Q

Is a Greenfield site necessarily contaminated?

A

May be, but unlikely

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16
Q

Class A AP

A

Caused/knowingly permitted contamination/buying w/ knowledge

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17
Q

When is an EIA required

A

Major developments

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18
Q

Cons of conditional C

A

Delay + S may reject and sell to competitor (and land may turn out to be clean)

19
Q

3 options for B if contamination of land

A

Conditional C, price reduction or warranties/indemnities

20
Q

Who is a Remediation Notice served on

A

The Appropriate Person

21
Q

Pros of conditional C

A

Covers clean up, certainty, may be using conditional C anyway + avoiding Class A liability

22
Q

If service charge widely drafted so could pass environmental liability to T, what should you do

A

Cap service charge to limit liability OR try to remove ref to contamination completely (if excluded elsewhere, unfair to claim here)

23
Q

Cons of warranties + indemnities for contaminated land

A

Time negotiating, dependent on S covenant strength and B inherits Class A liability

24
Q

What happens if land is a special site

A

EA take over

25
Q

What is contaminated land defined as under 78A(2) EPA

A

Land causing significant harm or pollution

26
Q

Only use price reduction in what circumstances

A

Contamination localised and minor

27
Q

Is a Brownfield site necessarily contaminated?

A

No

28
Q

Pros of warranties + indemnities for contaminated land

A

Appropriate if full scale investigation impossible and quick

29
Q

Pros of price reduction for contaminated land

A

Quick, simple and appropriate if localised and minor

30
Q

What does an EIA look at

A

Increased traffic, noise, vibration, green areas etc.

31
Q

What should happen re: the lender in a purchase if contamination found

A

Made aware of actual/potential environmental liabilities

32
Q

Who has responsibility to identify contaminated land + provision

A

LA - 78B EPA

33
Q

Two ways L will pass cost of environmental liabilities to T

A

Express/indirect covenants and via service charge

34
Q

what is a Brownfield site?

A

Previously developed but not FULLY in use

35
Q

What are the implications of not complying w/ Remediation Notice

A

Criminal offence + LA recovers cost of remedying

36
Q

Two categories of Appropriate Person

A

Class A and Class B

37
Q

When can T be Class A

A

If full knowledge of contamination + long lease

38
Q

Cons of price reduction for contaminated land

A

Buyer inherits Class A liability and cost may exceed reduction

39
Q

What is a Class B AP

A

Those who own/occupy land

40
Q

What defines ‘contaminated land’

A

78A(2) EPA ‘90

41
Q

What Regulations may S have to consider re: asbestos

A

Asbestos Regulations

42
Q

What do the Asbestos Regulations require property owner to do

A

Prepare formal assessment on asbestos + control by either monitoring or removing completely

43
Q

What assessment should B obtain as implications can be very costly

A

Formal assessment on asbestos

ACP (12 decks)

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