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

8. Question 5

44. We asked, "What do you consider to be the potential benefits for marine waters under the 2009 Regulations, following the proposed amendments?"

45. You said;

46. Oil and Gas UK said, "The offshore oil and gas exploration and production industry on the UKCS is highly regulated with respect to health and safety, asset integrity and the environment. This regulation, together with industry initiatives, drives behaviours that mitigate against a major incident. It is unlikely that there are any significant additional steps that would be taken as a result of the requirements of the ELD."

47. Scottish Environment Protection Agency said, " SEPA agrees that marine waters should be afforded the same protection under Environmental Liability as Water Framework Directive waters. It is appropriate where environmental damage to MSFD waters has occurred, that the environment is restored and where restoration cannot be achieved, compensatory measures should be undertaken. This may provide additional incentive for operators to maintain high standards of pollution prevention and control and to make appropriate financial security arrangements."

48. Scottish Environment Link said, "The proposed amendments should act as a prompt to marine industries and users to re-evaluate their safety procedures and ensure that all necessary environmental checks are in place. SE LINK welcome these amendments as they act as preventative measures which can help to stop significant environmental damage occurring.

49. The individual said, "It will promote fish farming and promote water safety for any form of consumption from any sector of economy."

50. We did;

51. The Scottish Government agrees that the offshore oil and gas industry is well regulated. We also agree that safeguarding against the risk of major incidents is preferable to having to clean up afterwards. It is also noted that in some cases compensatory measures may be required, and that suitable financial security arrangements should be made by operators.