- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Environmental Liability (Scotland) Regulations 2009, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) For the purposes of these Regulations, the competent authority in relation to instances of environmental damage or an imminent threat of such damage—
(a)to protected species or natural habitats in the territorial sea or coastal water (within the meaning of section 3(8) of the Water Environment and Water Services (Scotland) Act 2003), is the Scottish Ministers;
(b)to protected species or natural habitats in any other place, is Scottish Natural Heritage; F1...
[F2(c)to land or, in relation to environmental damage of the type defined in regulation 4(1)(b)(i), to the water environment, is the Scottish Environment Protection Agency; and
(d)to marine waters, in relation to environmental damage of the type defined in regulation 4(1)(b)(ii), is the Scottish Ministers.]
(2) In relation to environmental damage of the type defined in regulation 4(1)(a), the competent authority shall decide whether or not the damage has occurred or will occur as a result of the fault or negligence of an operator.
(3) Where—
(a)more than one instance of environmental damage has occurred; and
(b)the competent authority is unable to ensure the remedial measures are taken at the same time,
the competent authority shall determine which instance of environmental damage is to be remedied first.
(4) When determining which incidence of environmental damage is to be remedied first for the purposes of paragraph (3), the competent authority shall have regard to the following matters—
(a)the nature, extent and gravity of the instances of environmental damage concerned;
(b)the possibility of natural recovery; and
(c)any risk to human health.
(5) Before making a determination under paragraph (3), the competent authority shall, if practicable, consult—
(a)any interested person (as defined in regulation 14(1)); and
(b)the owner or occupier of the land upon which, or [F3any part of the water environment or any marine waters] in respect of which, remedial measures are to be taken.
(6) A person consulted under paragraph (5) may make representations to the competent authority within such time limit as specified by the authority to the person and the competent authority shall take into account any representations in making its determination.
(7) Any decision taken by a competent authority under these Regulations which imposes requirements as to preventive or remedial measures on an operator shall—
(a)be notified to the relevant operator;
(b)state the grounds on which it is based; and
(c)advise the operator of any available appeal and any time limit to which such an appeal is subject.
Textual Amendments
F1Word in reg. 7(1)(b) omitted (19.7.2015) by virtue of The Environmental Liability (Scotland) Amendment Regulations 2015 (S.S.I. 2015/214), regs. 1, 6(a)
F2Reg. 7(1)(c)(d) substituted for reg. 7(1)(c) (19.7.2015) by The Environmental Liability (Scotland) Amendment Regulations 2015 (S.S.I. 2015/214), regs. 1, 6(b)
F3Words in reg. 7(5)(b) substituted (19.7.2015) by The Environmental Liability (Scotland) Amendment Regulations 2015 (S.S.I. 2015/214), regs. 1, 6(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: