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Appeals/Disputes
27. Responses to the first public consultation were fairly evenly divided between preferences for reference to Ministers, the Sheriff, and to another impartial body. Scottish Ministers have been concerned to keep the remediation process moving in the face of such difficulties. Significant damage is likely to be a matter of public concern and the source is likely to be identifiable. Hence the issues will be towards resolution of civil obligations, very much the province of the courts. Action before the Sheriff would give a fair hearing in a forum well suited to matters of obligation and costs.
28. Existing regulatory legislation provides criminal sanctions for criminal acts or breaches of standards; and the Regulations provide a fall-back of criminal offences of non compliance. Both may be appropriate according to the circumstances, but the aim of the liability regime is to involve operators in using their expertise and resources in minimising environmental damage and repairing damage that occurs.
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