§ Ms CorstonTo ask the Secretary of State for the Environment what statutory obligations are imposed on owners of land which the Health and Safety Executive has identified as a major asbestos contamination zone; and if he will make a statement. [15972]
§ Mr. AtkinsThe Health and Safety Executive is responsible for the operation of the Control of Asbestos at Work Regulations 1987. The regulations place duties on employers in respect of their employees when working with asbestos. Employers also have duties in relation to other persons who might be affected by such work.
Contamination with asbestos could come within the definitions of statutory nuisances under the terms of section 79 of the Environmental Protection Act 1990 if, in any individual circumstances it is prejudicial to health or a nuisance. Under section 80 of that Act, the owner or occupier of premises could be served with an abatement notice requiring the execution of such works as may be necessary to deal with the asbestos contamination, either where he is himself responsible for the nuisance, or where the person responsible cannot be found.
The Environment Bill, which received its First Reading in this House on 21 March 1995, introduces a specific definition of contaminated land and regulatory machinery for dealing with it, to replace the use of the more general definitions and procedures relating to statutory nuisances. Under these provisions, local authorities will serve remediation notices requiring steps by way of assessment, remedial works or monitoring when they identify contaminated land. In line with the "polluter pays" principle, the primary responsibility for dealing with any contamination will rest with the person who caused or knowingly permitted the contamination to be present. However, responsibility will pass to the owner or occupier of the land, either where no such person can be found or where his responsibilities have been transferred through contractual means.