Local Government Reorganisation

Part of 1. Questions to the Cabinet Secretary for Local Government and Public Services – in the Senedd at 2:17 pm on 28 February 2018.

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Photo of Russell George Russell George Conservative 2:17, 28 February 2018

Thank you, Cabinet Secretary. The Court of Appeal judgment in the case of Powys County Council v. Price and Hardwick overturns a High Court decision that could have wide ramifications for local authorities in relation to their liabilities under the contamination land regime. The Environmental Protection Act 1990 says that primary responsibility for the remediation of contaminated land is the original polluter, even if they no longer have an interest in the land in question. However, the Court of Appeal has taken a different approach, overturning the original High Court decision, and says that Powys is not liable for pollution caused by its predecessor landfill operations, meaning that current landowners may be held responsible for remediation, even though they had no part in the original pollution. You will appreciate this is causing great concern to some landowners in Powys, I'd therefore be grateful if you could state what the ramifications are for local authorities of this Court of Appeal judgment and confirm whether or not you will work with colleagues to resolve what appears to be a legal loophole.