Land is legally defined as 'contaminated' where substances are causing or could cause significant harm to people, property or protected species as well as causing significant pollution to surface waters (for example lakes and rivers) or groundwater.
Land can become contaminated by a variety of substances, from heavy metals to agricultural waste. The environmental, financial and legal implications of this can be substantial.
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 and underpinned by the core principles of the 'polluter pays' and a 'suitable for use approach'.
Local authorities are the primary regulator for the contaminated land regime (SEPA also has certain responsibilities within the scope of the legislation) to regulate activities and assist in the management and remediation of contaminated land.
Contaminated Land can go through remediation work and this dataset attempts to collect that detail. However, when a site has been remediated, it becomes suitable for the current use (at the time of remediation), and that this doesn't mean the site is 'clean' or has no contamination. Further assessment/remediation may be required should there be any change of use or new planning application etc.
The current regulation regarding Contaminated Land is contained within the Environmental Protection Act (1990) known as Part IIA. Part IIA is further established in Scotland by the Contaminated Land (Scotland) Regulations 2000 (SSI 2000/178), as amended and the Scottish Government’s Statutory Guidance: Edition 2 provides the detailed framework for the definition, identification and remediation of contaminated land.
This spatial dataset is only confirmed (and remediated) contaminated land and does not include "potentially" contaminated land.
