The Environmental Liability (Scotland) Regulations 2009

Identification of remedial measures

5.—(1) In relation to primary remediation, actions to restore the natural resources and services towards baseline condition on an accelerated time‑frame, or through natural recovery, shall be considered.

(2) In relation to complementary and compensatory remediation—

(i) if possible, complementary and compensatory remedial measures must provide natural resources or services of the same type, quality and quantity as those damaged;

(ii) where this is not possible, similar but different natural resources or services must be provided (for example, by offsetting a reduction in the quality of natural resources or services by increasing their quantity);

(iii) where this is not possible, different natural resources or services may be provided, and the remedial measures must have the same monetary valuation as the lost natural resources or services;

(iv) if valuation of the lost natural resources or services is practicable, but valuation of the remedial measures cannot be made within a reasonable time or at a reasonable cost, then remedial measures may be provided whose cost is equivalent to the estimated monetary value of the lost natural resources or services;

(v) in the case of complementary remediation at a new site, where possible and appropriate this site should be geographically linked to the damaged site.