§ Mr. Ernie RossTo ask the Secretary of State for Scotland what proposals he has for the regulation of contaminated land, pursuant to the recommendations made in the Environment Committee's Second Report of Session 1996–97 on contaminated land (HC 22) and the responses received by his Department to consultation on draft statutory guidance and regulations to be issued under Part IIA of the Environmental Protection Act 1990. [22475]
§ Mr. DewarWe have now reviewed the primary legislation in Part IIA of the Environmental Protection Act 1990 (inserted by section 57 of the Environment Act 1995), and the package of draft statutory guidance and regulations published for consultation in September and November 1996. This review has been greatly assisted by the detailed recommendations of the Environment Committee in their Second Report, Session 1996–97, as well as by the more than 400 responses received to the consultation exercises.
We have concluded that this package of primary legislation and guidance sets out, in principle, broadly the right framework for the protection of human health and the environment, without imposing unnecessary burdens on homeowners, landowners, developers or industry. However, it is clear that implementation of the legislation 458W would create significant financial burdens for local authorities and for the Scottish Environment Protection Agency. These potential burdens are being considered as part of the Comprehensive Spending Review process, and the decision on when to bring the regime into force cannot be made until that process has been completed. In the meantime, other relevant legislation, in particular that dealing with statutory nuisances in Part III of the Environmental Protection Act 1990 and works to deal with water pollution in Part II of the Control of Pollution Act 1974, will remain in force.
My Department, together with the Department of the Environment, Transport and the Regions and the Welsh Office, will continue to develop the package of draft guidance and regulations, in the light of the Environment Committee's recommendations and the consultation responses. We have identified a number of areas where there would be a need for changes to the detail of the existing drafts, and my right hon. Friend the Minister for the Environment has today written to the Chairman of the Environment, Transport and Regional Affairs Committee explaining the more significant of these, as well as responding more generally to the Committee's report. A list of those individuals and organisations which responded to the consultation exercises last year has been placed in the Library of the House.
As well as taking forward work on the development of the main regime for contaminated land, I will also be publishing shortly a consultation paper setting out proposals for a parallel regime dealing with radioactively-contaminated land.