The Environmental Liability (Scotland) Regulations 2009

Grant of, and compensation for, rights of entry

16.—(1) Any person whose consent is required before any measures required by these Regulations may be carried out must grant, or join in granting, such rights in relation to any land or waters as will enable the relevant person to carry out such measures.

(2) Before requiring any such consent in terms of paragraph (1), the relevant person shall reasonably endeavour to consult every person who appears to it–

(a) to be the owner or occupier of any such land or waters; and

(b) to be a person who might be required by paragraph (1) to grant or join in granting any rights.

(3) Subject to paragraph (4), the relevant person shall compensate a person who grants, or joins in granting, any rights required by paragraph (1), where that person sustains damage as a consequence thereof.

(4) The relevant person must pay compensation under paragraph (3) only if–

(a) the person gives notice of a claim to the relevant person, stating the grounds of the claim and the amount claimed, and

(b) the notice is given in accordance with Schedule 4.

(5) Schedule 4 shall have effect in relation to compensation under this regulation.

(6) In this regulation, “the relevant person” means–

(a) an operator;

(b) a person acting on behalf of an operator; or

(c) the competent authority.