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The Environmental Liability (Scotland) Regulations 2009

Consolidated Text As Enacted Cited authorities 54 Cited in Amendments 5 Related
Vincent
JurisdictionScotland
CitationSSI 2009/266
  • may be cited as the Environmental Liability (Scotland) Regulations 2009;
  • come into force on the day after the day on which they are made; and
  • extend to Scotland only.
    • (1) In these Regulations, except where the context otherwise requires—
    • “activity” means any activity carried out in the course of an economic activity, a business or an undertaking, irrespectively of its private or public, profit or non‑profit character;
      • ...
    • Directive 92/43/EEC” means Council Directive of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora ;
    • “Directive 2000/60/EC” means the Directive of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy ;
    • “Directive 2001/18/EC” means the Directive of the European Parliament and of the Council of 12th March 2001 on the deliberate release into the environment of genetically modified organisms ;
    • F20“Directive 2008/56/EC” means Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) ;
    • F32“Directive 2009/147/EC” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,
    • “enactment” has the meaning assigned to it in section 126(1) (interpretation) of the Scotland Act 1998 ;
    • “environmental damage” means damage falling within regulation 4;
    • “genetically modified organisms” has the meaning assigned to it by Directive 2001/18/EC;
    • F21“marine waters” means waters classified as marine waters pursuant to Directive 2008/56/EC;
    • “protected species and natural habitats” means—
      • (a) the species mentioned in Article 4(2) of F33Directive 2009/147/EC or listed in Annex I to that Directive or the species listed in Annexes II and IV to Directive 92/43/EEC; and
      • (b) the habitats of species mentioned in Article 4(2) of F33Directive 2009/147/EC or listed in Annex I to that Directive or the habitats of species listed in Annex II to Directive 92/43/EEC or the natural habitats listed in Annex I to Directive 92/43/EEC and the breeding sites or resting places of the species listed in Annex IV to Directive 92/43/EEC;
    • F22“the water environment” has the meaning assigned to it by section 3(2) of the Water Environment and Water Services (Scotland) Act 2003.
    (2) Unless otherwise defined in these Regulations, an expression used in Directive 2004/35/CE of the European Parliament and of the Council of 21st April 2004 on environmental liability with regard to the prevention and remedying of environmental damage has the same meaning in these Regulations as it has in that Directive.(3) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication (as defined in section 15 of the Electronic Communications Act 2000
  • to the “European Union” or otherwise to the area to which that instrument applies is to be taken to include the United Kingdom,
  • to a “Member State” is to be taken to include the United Kingdom.
    • it has significant adverse effects on reaching or maintaining the favourable conservation status of the protected species or natural habitat; andit is caused by an activity listed in Schedule 1 or by the fault or negligence of an operator whilst carrying on any other activity;ecological status;chemical status;quantitative status;ecological potential,any damage that significantly adversely affects the environmental status of marine waters, in so far as particular aspects of the environmental status of the marine environment are not already addressed through F44the retained EU law which implemented Directive 2000/60/EC;land damage, caused by an activity listed in Schedule 1, which is any land contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction in, on, or under land of substances, preparations, organisms or micro-organisms.(2) Paragraphs (3) to (5) apply in relation to assessing whether damage has significant adverse effects for the purposes of paragraph (1) (a) (i) .the conservation status of the protected species or natural habitat at the time of the damage;the services provided by the amenities they produce; andtheir capacity for natural regeneration.(4) Any damage is significant if it has a proven effect on human health.the number of individuals, their density or the area covered;the role of the particular individuals or of the damaged area in relation to the species or to the habitat conservation and the rarity of the

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