Strategic issues - Scotland

    Research output: Contribution to journalComment/debate

    Abstract

    The article discusses how a second stage consultation has now been issued by the Scottish Environmental Protection Agency (SEPA) with the Scottish Government. A three-tier approach to consents is proposed to allow proportionality, using general binding rules (GBR), registration and permits as the terminology. This is closest to the current regime for water, which is also the most recently introduced and probably the most coherent of the four regimes. Proportionate and targeted enforcement is the most interesting and probably the most controversial part of the proposal. It makes a number of suggestions to increase the tools and sanctions at SEPA's disposal and in principle these seem helpful, including the rationalization of statutory notices. There is also a proposal for enforcement undertakings, such as under the Reservoirs (Scotland) Act 2011, and these seem less problematic, although payments to restore environmental damage raise some similar issues.
    Original languageEnglish
    Pages (from-to)86-88
    Number of pages3
    JournalEnvironmental Law and Management
    Volume24
    Issue number2
    Publication statusPublished - 2012

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    regime
    rationalization
    sanction
    proportionality
    terminology
    environmental damage
    environmental protection
    technical language
    act
    water
    enforcement
    environmental protection agency
    consultation
    registration
    notice

    Cite this

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    title = "Strategic issues - Scotland",
    abstract = "The article discusses how a second stage consultation has now been issued by the Scottish Environmental Protection Agency (SEPA) with the Scottish Government. A three-tier approach to consents is proposed to allow proportionality, using general binding rules (GBR), registration and permits as the terminology. This is closest to the current regime for water, which is also the most recently introduced and probably the most coherent of the four regimes. Proportionate and targeted enforcement is the most interesting and probably the most controversial part of the proposal. It makes a number of suggestions to increase the tools and sanctions at SEPA's disposal and in principle these seem helpful, including the rationalization of statutory notices. There is also a proposal for enforcement undertakings, such as under the Reservoirs (Scotland) Act 2011, and these seem less problematic, although payments to restore environmental damage raise some similar issues.",
    author = "Sarah Hendry",
    note = "Copyright 2012 Elsevier B.V., All rights reserved.",
    year = "2012",
    language = "English",
    volume = "24",
    pages = "86--88",
    journal = "Environmental Law and Management",
    issn = "1067-6058",
    publisher = "Lawtext Publishing",
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    }

    Strategic issues - Scotland. / Hendry, Sarah.

    In: Environmental Law and Management, Vol. 24, No. 2, 2012, p. 86-88.

    Research output: Contribution to journalComment/debate

    TY - JOUR

    T1 - Strategic issues - Scotland

    AU - Hendry, Sarah

    N1 - Copyright 2012 Elsevier B.V., All rights reserved.

    PY - 2012

    Y1 - 2012

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    AB - The article discusses how a second stage consultation has now been issued by the Scottish Environmental Protection Agency (SEPA) with the Scottish Government. A three-tier approach to consents is proposed to allow proportionality, using general binding rules (GBR), registration and permits as the terminology. This is closest to the current regime for water, which is also the most recently introduced and probably the most coherent of the four regimes. Proportionate and targeted enforcement is the most interesting and probably the most controversial part of the proposal. It makes a number of suggestions to increase the tools and sanctions at SEPA's disposal and in principle these seem helpful, including the rationalization of statutory notices. There is also a proposal for enforcement undertakings, such as under the Reservoirs (Scotland) Act 2011, and these seem less problematic, although payments to restore environmental damage raise some similar issues.

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    VL - 24

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    JO - Environmental Law and Management

    JF - Environmental Law and Management

    SN - 1067-6058

    IS - 2

    ER -