*Please note some sections maybe blank if no data is relevant
As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Environmental Liability (Scotland) Regulations 2009 aim to ensure that environmental damage is prevented or remedied, and that the costs of such damage are borne by those responsible. The regulations require operators of certain activities to take preventive measures and to have financial guarantees to cover potential environmental damage. They also establish a framework for assessing and quantifying the environmental damage and for determining the liability of the operator. The regulations apply to activities listed in the Annex to the regulations, including waste management, industrial production, and transportation of dangerous goods. They also apply to activities that have caused environmental damage or pose an imminent threat of such damage.
The Environmental Liability (Scotland) Regulations 2009 require operators of certain activities to provide evidence of their financial capacity to prevent or remedy environmental damage. This includes providing information on their financial guarantees, such as insurance or other forms of financial security, that can cover the costs of environmental damage. Operators may also be required to provide evidence of their preventive measures, such as risk assessments and contingency plans. In the event of environmental damage, the regulations require the operator to provide evidence of the extent and nature of the damage and the measures taken to prevent or mitigate it. This evidence may be used to determine the liability of the operator and the amount of compensation to be paid to affected parties. The regulations also require operators to keep records of their activities and any incidents that may have caused environmental damage.
The Environmental Liability (Scotland) Regulations 2009 (legislation.gov.uk)
The Environmental Liability (Scotland) Regulations 2009 provide some exemptions for certain activities and situations. The following are some examples of exemptions:
1. Activities carried out for national security purposes or in response to natural disasters are exempt.
2. Certain activities related to land-use planning, such as the adoption of local plans or the granting of planning permissions, are exempt.
3. Activities that are already subject to other environmental liability regimes, such as those related to nuclear activities or oil pollution, are exempt.
4. Environmental damage caused by acts of war or armed conflict is exempt.
5. Activities carried out for scientific research or experimental purposes, as well as activities that are of a small scale or of a temporary nature, may be exempt.
It is important to note that the exemptions are not automatic, and operators must be able to demonstrate that they meet the criteria for exemption. Additionally, even if an activity is exempt from the regulations, the operator may still be liable for any environmental damage caused if it results from negligence or non-compliance with other environmental legislation.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
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