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Procedures
23. The Directive introduces a civil law approach based on the 'polluter pays principle' and imposes obligations on an operator to prevent damage or to rectify any damage caused during the course of their duties. The main players will be the operator and the competent authority. The operator has an obligation to inform the relevant competent authority of any threat or actual damage caused by them and where necessary agree a course of action to put right the damage.
24. The Scottish Government seeks views of consultees on the process envisaged here and in the quick guide under 'roles and responsibilities'. Briefly, the suggested sequence of events is:-
- prevention by operator and, where unsuccessful, reporting to the authority
- possible observations from persons affected by threat or damage
- immediate action by operators to contain, control and prevent further damage and reporting to the authority
- assessing damage, dialogue between operator and authority
- remediation notice by authority to operator
- if necessary dispute resolution between the parties or before a Sheriff
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