The Environmental Liability (Scotland) Amendment Regulations 2011

Made17th February 2011

Laid before the Scottish Parliament21st February 2011

Coming into force25th June 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the reference to the EU instrument in regulation 2(2) to be construed as a reference to that instrument as amended from time to time.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Environmental Liability (Scotland) Amendment Regulations 2011 and come into force on 25th June 2011.

2

The reference in regulation 2(2) to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/20062 is to that Directive as amended from time to time.

Amendment of the Environmental Liability (Scotland) Regulations 20092

1

The Environmental Liability (Scotland) Regulations 20093 are amended in accordance with paragraph (2).

2

After paragraph 12 of Schedule 1 (activities for the purposes of regulation 4(1)) insert—

13
The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

JIM MATHERAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh17th February 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Article 34 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide.

Regulation 2 amends the Environmental Liability (Scotland) Regulations 2009, which implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage (O.J. No. L 143, 30.4.2004), to add the operation of carbon storage sites to the list of activities to which those Regulations apply.