The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

Reporting requirements

7A

(1) In the event that a competent authority other than the Scottish Ministers becomes aware that environmental damage has occurred, whether by virtue of the circumstances specified in paragraph (3) or otherwise, it must, as soon as reasonably practicable, notify the Scottish Ministers, providing the information in paragraph (2).

(2) The information is—

(a) the type of damage, and its classification in accordance with regulation 4(1)(a), (b) or (c),

(b) the date that the damage occurred or was discovered, and

(3) For the purposes of paragraph (1), a competent authority becomes aware that environmental damage has occurred if—

(a) it has received potential remedial measures from an operator submitted for approval under regulations 11(2) or (3),

(b) it has received a notification from an operator under regulation 12(1)(a),

(c) it is satisfied on the basis of information provided to it by an operator following a request under regulations 12(2) or (3)(a), that environmental damage has occurred,

(d) it is satisfied that remedial measures are necessary under regulations 12(3) or (4), or

(e) it is satisfied on the basis of a request from an interested person under regulation 14(2) that environmental damage has occurred.

Assistance by public bodies

Powers of entry and inspection

Preventive measures

Identification and determination of remedial measures

Operator to take remedial action

Appeals and interim measures

Request for action and review

Co-operation between competent authorities

Grant of, and compensation for, rights of entry

Costs

Allocation of costs

Penalties

Offences by bodies corporate

Offences by Scottish partnerships

Offences by limited liability partnerships

References to EU legislation

Interpretation

A1

A reference in this schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, a Directive includes, on or after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit, authorisation or registration under, any assimilated law which transposed that Directive.

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