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The Environmental Liability (Scotland) Regulations 2009

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Allocation of costs

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18.—(1) Where the activities of more than one operator have resulted in an instance of, or the imminent threat of, environmental damage, the competent authority shall determine the responsibility of the operators for the costs of the environmental damage.

(2) The competent authority may determine the operators’ responsibility on the following basis:—

(a)percentage split;

(b)jointly and severally;

(c)with reference to a particular area or period of time; or

(d)in such other manner as it deems appropriate.

(3) The competent authority may, at any time, require the operators concerned to provide such information as may be required by it for the purpose of determining the operators’ responsibility for costs.

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

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