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Revised proposals
16. The functions proposed in the ELD are now laid out in the draft Environmental Liability (Prevention and Remediation) (Scotland) Regulations 2008 a copy of which is included in this consultation for comment. The Regulations are not intended as a replacement to existing legislation on the environment but more to enhance it which means that operators could still fall foul of environmental legislation already in place. The application of the ELD depends upon other environmental regimes such as the Birds and Habitats Directives. Implementation 'on the ground' involves understanding and judgements concerning those other regimes which are not readily described in the formal terms of the Regulations.
17. Hence to assist operators achieve a better understanding of such background and judgements, a quick guide has been devised for easy access, supported by a more detailed technical guidance.
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