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The Environmental Liability (Scotland) Amendment Regulations 2015

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Citation and commencement

1.  These Regulations may be cited as the Environmental Liability (Scotland) Amendment Regulations 2015 and come into force on 19th July 2015.

Amendments

2.  The Environmental Liability (Scotland) Regulations 2009(1) are amended in accordance with regulations 3 to 8.

3.  In regulation 2(1) (interpretation)—

(a)after the definition of “Directive 2001/18/EC” insert—

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);;

(b)after the definition of “genetically modified organisms” insert—

“marine waters” means waters classified as marine waters pursuant to Directive 2008/56/EC;; and

(c)for the definition of “waters” substitute—

“the water environment” has the meaning assigned to it by section 3(2) of the Water Environment and Water Services (Scotland) Act 2003(2)..

4.  For regulation 4(1)(b) (application) substitute—

(b)water damage, caused by an activity listed in Schedule 1, which is—

(i)any damage that significantly adversely affects any or all of the—

(aa)ecological status;

(bb)chemical status;

(cc)quantitative status;

(dd)ecological potential,

of the water environment with the exception of adverse effects where Article 4(7) of Directive 2000/60/EC(3) applies; or

(ii)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 Directive  2000/60/EC;.

5.  In regulation 5 (exemptions), after paragraph (f) insert—

(fa)environmental damage of the type defined in regulation 4(1)(b)(ii) to marine waters caused by an emission, event or incident that took place before 19th July 2015;.

6.  In regulation 7 (competent authority)—

(a)after paragraph (1)(b) omit “and”;

(b)for paragraph (1)(c), substitute—

(c)to land or, in relation to environmental damage of the type defined in regulation 4(1)(b)(i), to the water environment, is the Scottish Environment Protection Agency; and

(d)to marine waters, in relation to environmental damage of the type defined in regulation 4(1)(b)(ii), is the Scottish Ministers.; and

(c)in paragraph (5)(b), for “any waters” substitute “any part of the water environment or any marine waters”.

7.  In regulation 11(4)(b) (identification and determination of remedial measures), for “any waters” substitute “any part of the water environment or any marine waters”.

8.  In regulation 16 (grant of, and compensation for, rights of entry)—

(a)in paragraph (1), for “land or waters” substitute “land, any part of the water environment or any marine waters”; and

(b)in paragraph (2)(a), for “land or waters” substitute “land, any part of the water environment or any marine waters”.

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th May 2015

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