Consultation on Amending the Environmental Liability (Scotland) Regulations 2009 in Scotland to Transpose Article 38 of the Offshore Safety Directive 2013 - Consultation Analysis

4. Question 1

12. We asked, "Do you have any comments on the way in which we propose to transpose Article 38 of the OSD?"

13. You said;

14. Oil and Gas UK said, "The transposition of Article 38 is straightforward and we agree with the transposition and the allocation of enforcing authorities. There are, however, significant issues with the application of the Directive requirements to the marine environment that will require discussion and development of effective guidance."

15. Scottish Environment Protection Agency said, " SEPA supports the Scottish Government proposed transposition of Article 38 of the Off-shore Oil and Gas Safety Directive and has no major concerns. Given that aspects of the Directive are reserved matters we understand DECC will ensure transposition of those reserved aspects (eg Article 7 on financial liability of operators and licences of offshore oil and gas operations for environmental damage)."

16. Scottish Environment Link said, "The proposals seem practical and the extension of the ELD into marine waters will ideally prompt marine users to re-assess their safety measures and ensure fail-safe measures are in place so that their activities limit the potential for environmental damage."

17. The individual said, "The transposition is good because social cost and other related pollution can not only be consider. There some valuable substances that should be taking into environment liability in these we have oil and gas, chemicals and some other natural resources because it can be source of revenue for government and means of benefit to the environs involve."

18. We did;

19. The Scottish Government intends for the Order to take effect on 19 July 2015. There has been some minor drafting changes. These do not change the intended effect of the version that formed part of the consultation.