Search Legislation

Advanced Search

The Environmental Liability (Scotland) Regulations 2009

Changes to legislation:

There are currently no known outstanding effects for the The Environmental Liability (Scotland) Regulations 2009. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Interpretation

  4. 3.References to EU legislation

  5. 4.Application

  6. 5.Exemptions

  7. 6.Other legislation

  8. 7.Competent authority

  9. 7A.Reporting requirements

  10. 8.Assistance by public bodies

  11. 9.Powers of entry and inspection

  12. 10.Preventive measures

  13. 11.Identification and determination of remedial measures

  14. 12.Operator to take remedial action

  15. 13.Appeals and interim measures

  16. 14.Request for action and review

  17. 15.Co-operation between competent authorities

  18. 16.Grant of, and compensation for, rights of entry

  19. 17.Costs

  20. 18.Allocation of costs

  21. 19.Penalties

  22. 20.Offences by bodies corporate

  23. 21.Offences by Scottish partnerships

  24. 22.Offences by limited liability partnerships

  25. Signature

    1. SCHEDULE 1

      ACTIVITIES FOR THE PURPOSES OF REGULATION 4(1)

      1. A1.Interpretation

      2. 1.The operation of installations subject to permit in pursuance of—...

      3. 2.(1) Waste management operations, including the collection, transport, recovery and...

      4. 3.All discharges into inland surface water, which require prior authorisation...

      5. 4.All discharges of substances into groundwater which require prior authorisation...

      6. 5.The discharge or injection of pollutants into surface water or...

      7. 6.Water abstraction and impoundment of water subject to prior authorisation...

      8. 7.Manufacture, use, storage, processing, filling, release into the environment and...

      9. 8.Transport by road, rail, inland waterways, sea or air of...

      10. 9.Any contained use, including transport, involving genetically modified micro‑organisms as...

      11. 10.Any deliberate release into the environment, transport and placing on...

      12. 11.Transboundary shipment of waste within, into or out of the...

      13. 12.The management of extractive waste pursuant to Directive 2006/21/EC of...

      14. 13.The operation of storage sites pursuant to Directive 2009/31/ EC...

    2. SCHEDULE 2

      SUPPLEMENTARY PROVISIONS IN RESPECT OF POWERS OF ENTRY AND INSPECTION

      1. 1.Interpretation

      2. 2.Warrants

      3. 3.Evidence of authority

      4. 4.Admissibility of information

      5. 5.Securing of premises

      6. 6.Compensation

    3. SCHEDULE 3

      REMEDIATION OF ENVIRONMENTAL DAMAGE

      1. PART I

        1. 1.Application of Part I

        2. 2.Definitions

        3. 3.Objectives

        4. 4.Risk to human health

        5. 5.Identification of remedial measures

        6. 6.Choice of remediation

      2. PART II

        1. 1.This Part applies to damage to land.

        2. 2.The necessary measures shall be taken to ensure, as a...

        3. 3.The presence of such risks shall be assessed through risk‑assessment...

        4. 4.Use shall be ascertained on the basis of any enactment...

        5. 5.If the use of the land is changed, all necessary...

        6. 6.If there are no enactments which are relevant for the...

        7. 7.A natural recovery option, that is to say an option...

    4. SCHEDULE 4

      COMPENSATION

      1. 1.Interpretation

      2. 2.Period for making an application

      3. 3.Manner of making an application

      4. 4.Loss and damage for which compensation payable

      5. 5.Basis on which compensation assessed

      6. 6.Determination of disputes

  27. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources