These Regulations implement Directive2004/35/CE of the European Parliament and Council on environmental liability with regard to the prevention and remedying of environmental damage.

They apply to environmental damage to protected species, natural habitats, water and land (regulation4).

They provide that, for certain economic activities, where there is an imminent risk of environmental damage, the responsible operator must take steps to prevent it. If environmental damage has occurred the responsible operator must prevent further damage (regulations10 to12).

Competent authorities are designated and these bodies have certain duties and powers (regulations7 to 12, 14, 15, 17 and18).

The Regulations provide for interested parties being able to request a competent authority to take action in certain circumstances (regulation14).

The Regulations make provision as to who bears the costs of carrying out any preventive or remedial measures (regulation17).

Breach of certain provisions of the Regulations is an offence punishable either on summary conviction or indictment (regulation19).

The Schedules to the Regulations set out the occupational activities covered (Schedule1), supplementary provisions in respect of powers of entry (Schedule2), remediation measures (Schedule3), and compensation provisions in relation to grants of entry (Schedule4).

A Transposition Note and Partial Regulatory Impact Assessment (RIA) have been prepared in connection with these Regulations and placed in the Scottish Parliament Information Centre. Copies of the RIA can be obtained from the Scottish Government, Enterprise and Industry Division, Meridian Court, Cadogan Street, Glasgow, G2 6AT. Copies of the Transposition Note can be obtained from the Scottish Government, Environmental Quality Directorate, Victoria Quay, Edinburgh, EH66QQ.