The Scottish Government

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4. Roles and responsibilities

Chapter 4 outlines the roles and responsibilities of the operator and the authority. Subsequent chapters set out the processes for carrying out roles and responsibilities in more detail.

Take immediate action

4.1 Where there is an imminent threat of 'damage' (or of damage which there are reasonable grounds to believe will be relevant), or actual 'damage' (or reasonable grounds to believe there is such damage) the operator must immediately:

• Take steps to prevent damage
• Take steps to contain, minimise or prevent further damage;
• Notify the authority of all relevant details (this is not necessary where the imminent threat has been eliminated);
• Take steps specified by an authority to prevent damage or further damage. (Regulations 7 and 9)

Provide further information

4.2 The operator must provide further information on imminent threats and 'damage' required by the authority (Regulation 7(4)(a)).

Undertake preventive and remedial measures

4.3 The operator must carry out, ensure or facilitate preventive or remedial measures, as appropriate in accordance with the requirements of the competent authority. (Regulations 7(1) and 9(2)(b) and (c).

Pay costs claimed by authorities

4.4 The operator must pay any costs claimed by the authority in relation to imminent threat of 'damage' and actual 'damage' (Regulations 13 and 14).

Assess damage

4.5 When the authority has been notified of possible 'damage', it must:

• Establish whether or not it is 'damage' (Regulation 6(4));
• If it decides that it is 'damage', it must decide whether it has occurred through the fault or negligence of an operator (Regulation 6(4)).
• Where notified by an interested party, the authority must consider whether a threat of imminent 'damage' or actual such damage subsists and notify the operator and the interested party of its decision (Regulation 11).

Recover costs

4.6 The authority is entitled to recover costs incurred in taking measures under the Regulations (Regulation 15(1)). This includes the costs of measures taken by other persons on its behalf.

Take steps to prevent, contain or remedy 'relevant damage'

4.7 The authority may prevent, control or remedy 'damage' where any person is under a duty to act in these Regulations and fails to do so. (Regulations 7(6) and 9(4))

Require information and action from operators

4.8 Where there is an imminent threat of 'damage' or actual damage (or reasonable grounds to believe there is either) the authority may require information from the operator. (Regulations 7(3))

4.9 The authority may require preventive measures to be taken and give instructions on the carrying out of these measures. (Regulations 7(4)(b) and (c)).

Rights of entry

4.10 The authority has appropriate powers of entry where it has reasonable grounds to suspect imminent threats or actual environmental damage. (Regulation 8(3))

4.11 If there is more than one type of damage, so that there is more than one authority, they are enforced by any or all of the specified authorities.

4.12 Table 4.1 below outlines the general rule for which authority will be the lead authority for particular types of damage and resulting from particular activities. Authorities may agree to transfer responsibility depending on the individual circumstances. They may also call upon other persons to act.

Table 4.1 Authorities for different activities and types of damage

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