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Environmental Liability Directive: 2nd Consultation

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Introduction

1. This is the second public consultation exercise on transposition of the Environmental Liability Directive 2004/35/ EC and seeks comments on the draft regulations, draft guidance, a quick guide and the draft Regulatory Impact Assessment ( RIA). The consultation will run for 3 months commencing on 16 May 2008 and ending on 8 August 2008.

2. We refer you to the quick guide as a statement of the proposed roles, obligations and procedures supporting the Regulations.

3. Once the consultation period has ended a summary will be produced analysing the responses. A copy of this summary will be placed in the Scottish Government's website and library.

4. A copy of the first consultation on the policy issues relating to the ELD and a summary of responses are already on the Scottish Government's consultation website.

5. The Scottish Government aims to transpose the ELD by laying Scottish Regulations by December 2008.

6. A similar public consultation exercise is being conducted for the other administrations of the UK.

7. The aim of the Environmental Liability (Prevention and Remediation) (Scotland) Regulations 2008 is to place the responsibility on the operators of activities which cause or threaten to cause significant environmental damage. The regulations will not replace existing legislation requiring remediation of damage to water, biodiversity and land but will supplement it.

8. Guidance has been produced to illustrate some of the principles which will be involved in considering action under the draft Regulations.

9. The Regulations will not impose requirements regarding damage which has occurred prior to their coming into force.

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Page updated: Wednesday, May 14, 2008