HL Deb 03 December 1992 vol 540 c100WA
The Earl of Shrewsbury

asked Her Majesty's Government:

How many representations they have received during the consultation process, which ended on 2nd October 1992, on the proposed implementation of Section 143 registers under the Environmental Protection Act 1990; and

Whether they will extend the consultation period on Section 143 registers.

The Parliamentary Under-Secretary of State, Department of the Environment (Lord Strathclyde)

Over 450 responses have been received in all. The period for consultation has already been extended, and we have received a number of responses and other representations since 2nd October.

The Earl of Shrewsbury

asked Her Majesty's Government:

Whether they have plans to extend financial incentives to those landowners who may have to clean contaminated land should Section 143 registers be enforced.

Lord Strathclyde

Section 143 of the Environmental Protection Act 1990 empowers local authorities to record only contaminative uses to which land has been put. The presence of a site on a Section 143 register would not, therefore, in itself constitute proof of contamination. Enforcement powers lie elsewhere, notably under Sections 79–82 of the Environmental Protection Act and Sections 85 and 161 of the Water Resources Act 1991. There are a number of incentives for the beneficial use of a site of a kind which might fall within the scope of any register under Section 143 such as Derelict Land Grant, but eligibility would depend on the precise circumstances of each case.

The Earl of Shrewsbury

asked Her Majesty's Government:

Whether they plan to compensate owner-occupiers whose houses have been constructed on land which may be included on a Section 143 register.

Lord Strathclyde

The Government have no plans for compensation in connection with the registration of land under any regulations made under Section 143 of the Environmental Protection Act 1990. Our current proposals, circulated in July, make it clear that land would only be registered if, as a matter of fact, it was or had been subject to a specified contaminative use. It would be open to owner-occupiers of properties built on such land to challenge the facts before registration.