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Environmental Liability Directive: 2nd Consultation

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Mitigation

18. In other circumstances, there may be a reasonable claim in mitigation of the effect of the regulations, as follows.

  • Compliance with an instruction from a public authority, eg emergency measures.
  • In certain instances when operating fully to the terms of a permit or licence.
  • In certain instances when operating to the limits of the state of scientific or technical knowledge.
  • Where the operator demonstrated that the damage was the result of an act of a third party and occurred despite the fact that he (the operator) had taken all appropriate safety measures.

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Page updated: Wednesday, May 14, 2008