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The Environmental Liability (Scotland) Regulations 2009

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Identification and determination of remedial measures

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11.—(1) This regulation applies where environmental damage has occurred.

(2) The relevant operator shall identify, in accordance with Schedule 3, potential remedial measures and shall submit them without delay to the competent authority for approval, unless the competent authority has taken action under regulation 12(4).

(3) If an operator fails to submit potential remedial measures in accordance with paragraph (2), then the competent authority shall require an operator to do so.

(4) As soon as practicable after the receipt of potential remedial measures submitted for approval in terms of paragraph (2) or (3) and before approving remedial measures, the competent authority shall, if practicable, consult—

(a)any interested person (as defined in regulation 14(1)); and

(b)the owner or occupier of the land upon which, or any waters in respect of which, the potential remedial measures are to be carried out.

(5) A person consulted under paragraph (4) may make representations to the competent authority within such time limit as is specified by that authority to the person and the competent authority shall take into account any representations in making its determination for the purposes of paragraph (6).

(6) Following consultation the competent authority shall determine which remedial measures shall be implemented and shall inform the operator accordingly.

(7) Failure by an operator to comply with the requirements of paragraph (2) or (3) without reasonable excuse is an offence.

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