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Environmental Liability (Prevention and Remediation)(Scotland) Regulations 2008: Draft Guidance
Footnotes
1. The International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage
2. The International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage.
3. These reports are produced every six years: the report produced in 2007 covered the period until 2006. For most habitats and species this report includes the first detailed identification of 'favourable reference values', which in many cases correspond to the baseline status at 1994 (when the Habitats Directive was not adopted), and are used in assessing whether current status is favourable or not. Current or past trends in each of the parameters are also considered.
4. Reports include the habitats and species listed in Annexes I, II and IV of the Habitats Directive. For birds there is currently no equivalent assessment but information is available for many species on some of the parameters of conservation status, including population and range, through other sources ( e.g. population status of birds in the UK - see http://www.jncc.gov.uk/page-2902). Little information is available on the habitats of birds.
5. At the time of writing assessments had only covered the natural range of species and habitats within Member States.
6. http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/thematic_documents/environmental_objectives/article_circapdf/_EN_1.0_&a=d
7. "Substances" can be taken to mean chemical elements and their compounds as they occur in the natural state or as produced by industry. It is also taken to encompass the definition in Part IIA of the Environmental Protection Act 1990: "any natural or artificial substance whether in solid or liquid form or in the form of gas or vapour".
8. "Preparations" can be taken to mean mixtures or solutions composed of two or more substances.
9. Now Health Protection Scotland
10. Damage to water applies to terrestrial waters and in the sea to 3 nautical miles
11. More detailed technical information on identifying and quantifying complementary and compensatory measures is available in the Remede toolkit. Remede is a European funded project to provide information and case studies on using resource equivalency methods in the context of European legislation. This guidance provides references to further information in the Remede toolkit.
12. Using a discount rate of 3.5% (see paragraph [to be inserted]):
- The 1000 fish over 2 years represents 1966 discounted fish-years;
- Each fish provided lasting 6 years represents 5.15 discounted fish-year (if restocked at the same time as the restocking of the original fish).
- The 10 hectares of damaged wetland represents 43.0 discounted service-hectare-years;
- Each hectare of wasteland converted to wetland represents 13.5 discounted service-hectare-year (if it is converted at the same time the damaged wetland reaches its full service level).
13. http://www.environment-agency.gov.uk/subjects/landquality/113813/881475/?lang=_e
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