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SECTION 4
LIST OF QUESTIONS
Question 1 - Damage to biodiversity
Do you agree the Executive's approach?
Do you have evidence to suggest that inclusion of nationally-protected biodiversity should be considered now?
Question 2 - Damage to water
Do you agree the Executive's approach?
Question 3 - Damage to land
Do you agree the Executive's provisional approach?
Question 4 - Permit defence
Do you support or not application of the option to give a permit defence ie that an operator might claim in mitigation in response to an allegation of liability?
Question 5 - Permit defence
Do you support a case by case basis, ie a distinction between permits and their conditions, based upon the degree of reliance that might be placed upon the permit to safeguard the environment?
Question 6 - Permit defence
Are there any criteria which might be used to judge the mitigation in individual cases?
Question 7 - Sate of the Art defence
Do you agree or not that the defence should be adopted, allowing an operator a claim in mitigation of liability of working to the known state of scientific and technical knowledge?
Question 8 - Recovering costs
Do you agree the Scottish executive's approach?
Question 9 - Recovering costs
Can you suggest any practical way of settling liability for costs quickly, in advance of or immediately upon discovery of a threat or of damage?
Question 10 - Recovering costs
What arrangements would best meet the costs of prevention, remediation and other costs (including CA costs)?
Question 11 - Recovering costs
What provision, if any, should the transposing instrument include to require the establishment of such an arrangement?
Question 12 - Recovering costs
Can you offer any good practice in the management of casework and / or costs where a number of CAs and / or supporting authorities are involved?
Question 13 - Multi-party causation
Which of the above 2 options do you think should be adopted, and why?
Question 14 - Request for action
Do you think that the request for action provision of Article 12 should be reduced for cases of imminent threat and why?
Question 15 - Competent authorities
Do you agree or not the provisional thinking on CA roles?
Question 16 - Competent authorities
Is there any particular factor that should be reflected in the designation of competent authority and why?
Question 17 - Appeals
How would you wish to have appeals handled in the case of a dispute?
Question 18 - Appeals
Given the civil law approach, would you be willing to deal with such matters in court, say before the Sheriff; or to Scottish Ministers?
Question 19 - Appeals
Do you think that liability for longer-term remediation should be suspended while an appeal is heard?
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