The Environmental Liability (Scotland) Regulations 2009

Exemptions

5.  These Regulations do not apply to—

(a) in relation to damage to protected species and natural habitats, previously identified adverse effects resulting from an act by an operator which was expressly authorised by the relevant authorities in accordance with provisions implementing Article 6(3) and (4) or Article 16 of Directive 92/43/EEC or Article 9 of Directive 79/409/EEC;

(b) environmental damage or an imminent threat of such damage caused by—

(i) an act of armed conflict, hostilities, civil war or insurrection;

(ii) a natural phenomenon of exceptional, inevitable and irresistible character; or

(iii) pollution of a diffuse character where it is not possible to establish a causal link between the damage and the activities of individual operators;

(c) environmental damage or an imminent threat of such damage arising from an incident in respect of which liability or compensation falls within the scope of—

(i) the International Convention of 27th November 1992 on Civil Liability for Oil Pollution Damage;

(ii) the International Convention of 27th November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage(1); or

(iii) the International Convention of 23rd March 2001 on Civil Liability for Bunker Oil Pollution Damage(2);

(d) radioactivity from an activity covered by the Treaty establishing the European Atomic Energy Community(3) or caused by an incident or activity in respect of which liability or compensation falls within the scope of the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31st January 1963(4);

(e) activities—

(i) the main purpose of which is to serve national defence or international security; or

(ii) the sole purpose of which is to protect from natural disasters;

(f) damage caused by an emission, event or incident that took place before the coming into force of these Regulations;

(g) damage caused by an emission, event or incident that occurs after the coming into force of these Regulations which results from a specific activity that took place and finished before that date;

(h) damage resulting from the release of genetically modified organisms if more than 75 years have passed since the release; or

(i) damage not falling within paragraph (h) if more than 30 years have passed since the emission, event or incident occurred which resulted in the damage.

(1)

Both these conventions were implemented by Part VI, Chapters III and IV of the Merchant Shipping Act 1995 c.21.

(2)

Implemented in the Merchant Shipping Act by amendments made to that Act by the Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244).

(3)

A consolidated version of the Treaty can be found at http://eur-lex.europa.eu/en/treaties/index.htm.

(4)

Copies of these can be found at www.nea.fr/.