A Model Law for Site Contamination

Key Features and Challenges in a Developing Country Context

Elizabeth Brandon* (Corresponding Author)

*Corresponding author for this work

Research output: Contribution to journalArticle

Abstract

Site contamination has emerged in the past few decades as a major public health and environmental problem for many developed countries. It is a complex issue that requires a dedicated, comprehensive regulatory framework. Although site contamination is a relatively recent phenomenon in developing countries, the need to formulate a strong regulatory response in those countries is pressing. This article reviews the development of national laws on site contamination and the need for a model law to assist countries in responding to the issue. The structure of a proposed model law is then set out, dealing with each regulatory aspect of site contamination, from the earliest stages of prevention and identification to the final stages of post-remediation and site closure. Importantly, there is a discussion as to how the model law could be adapted to reflect the needs and conditions of individual countries, with a particular emphasis on developing countries.
Original languageEnglish
Pages (from-to)409-436
Number of pages28
JournalEnvironmental and Planning Law Journal
Volume32
Issue number5
Publication statusPublished - 2015

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environmental pollution
developing country
Law
environmental impact
public health

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title = "A Model Law for Site Contamination: Key Features and Challenges in a Developing Country Context",
abstract = "Site contamination has emerged in the past few decades as a major public health and environmental problem for many developed countries. It is a complex issue that requires a dedicated, comprehensive regulatory framework. Although site contamination is a relatively recent phenomenon in developing countries, the need to formulate a strong regulatory response in those countries is pressing. This article reviews the development of national laws on site contamination and the need for a model law to assist countries in responding to the issue. The structure of a proposed model law is then set out, dealing with each regulatory aspect of site contamination, from the earliest stages of prevention and identification to the final stages of post-remediation and site closure. Importantly, there is a discussion as to how the model law could be adapted to reflect the needs and conditions of individual countries, with a particular emphasis on developing countries.",
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AB - Site contamination has emerged in the past few decades as a major public health and environmental problem for many developed countries. It is a complex issue that requires a dedicated, comprehensive regulatory framework. Although site contamination is a relatively recent phenomenon in developing countries, the need to formulate a strong regulatory response in those countries is pressing. This article reviews the development of national laws on site contamination and the need for a model law to assist countries in responding to the issue. The structure of a proposed model law is then set out, dealing with each regulatory aspect of site contamination, from the earliest stages of prevention and identification to the final stages of post-remediation and site closure. Importantly, there is a discussion as to how the model law could be adapted to reflect the needs and conditions of individual countries, with a particular emphasis on developing countries.

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