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Consultation Contents
This document comprises consultation within Scotland.
This consultation paper sets out proposals for the transposition into Scottish legislation of the EU Environmental Liability Directive 1 ( ELD).
The principal aim is to establish a new kind of civil law mechanism based upon the "polluter pays" principle. Certain operators who cause a risk of significant damage to land, water or biodiversity will have a duty to avert such damage occurring or, where damage does occur, a duty to reinstate the environment.
An operator will have to notify the appropriate competent authority of any imminent threat of damage or of actual damage to the environment caused by it while carrying out its business and of its plans to avert or repair the damage. Information on perceived risk or damage may also be presented to a competent authority, seeking action, by persons or bodies affected, or likely to be affected, including environmental NGOs.
The initial partial Regulatory Impact Assessment ( RIA) attached at Appendix 2 suggests that perhaps up to 10 incidents per year in Scotland might give rise to costs of £2.8m and benefits of £3.0m.
A full list of all the stakeholders we are contacting is at Appendix 3. If you are aware of others with an interest who are not included on the enclosed list, please either copy the consultation document to them or ask them to contact the Scottish Executive, telephone number 0131-244-0149 and we will be happy to forward on a copy.
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