Scottish Government

Footnotes

1. Crown Office and Procurator Fiscal Service
2. http://www.scotland.gov.uk/library5/government/pfbs-00.asp
3. Environmental Justice Scoping Study - Prosecution of Environmental Crimes in Scotland (Scottish Executive September 2003) - pages iii & iv
4. Hampton, P Reducing administrative burdens: effective inspection and enforcement ( HM Treasury March 2005)
5. Better Regulation Executive "Regulatory Justice - Sanctioning in a post-Hampton World (Cabinet Office Dec 2005) and further consultation document published in May 2006
6. Woods, M, and Macrory, R, Environmental Civil Penalties - A More Proportionate Response to Regulatory Breach. Macrory R and Woods M - Modernising Environmental Justice - Regulation and the Role of the Environmental Tribunal ( UCL London)
7. ⁷ Final Report of the Best Project Expert Group - Streamlining and Simplification of Environment Related Regulatory Requirements for Companies ( EC Directorate General Enterprise and Industry - May 2006)
8. Responsive Regulation - Ayres I, and Braithwaite B ( OUP 1992)
9. http://www.scotland.gov.uk/Publications/2005/12/12161827/18283 - link to Executive review of progress on environmental justice
10. Final report of the BEST Project Expert Group - Streamlining and Simplification of Environment Related Regulatory Requirements for Companies ( EC Directorate General Enterprise and Industry May 2006) page 10
11. www.dumbdumpers.org .
12. Partnership for Action Against Wildlife Crime ( PAW) | Defra
13. Reducing Administrative Burdens - Effective Inspection and Enforcement (section2) ( HM Treasury 2005)
14. Better Regulation Executive "Regulatory Justice - Sanctioning in a post-Hampton World (Cabinet Office Dec 2005)
15. http://www.netregs.gov.uk/ Environmental Justice Scoping Study - Prosecution of Environmental Crimes in Scotland" - Scottish Executive September 2003
16. For further details see the NETREGS website http://www.netregs.gov.uk/
17. link to remas website http://remas.ewindows.eu.org/index.htm
18. Water Safety Plans WHO 2005 (ref WHO/ SDE/ WSH/05.06)
19. Development of Drinking Water Safety Plans in Scotland - JK Fawell (Independent Consultant) with CREHAnalytical Ltd - submitted to the Scottish Executive March 2005
20. For further details see the DEFRA website http://www.defra.gov.uk/paw/
21. For further details see the Dumb Dumpers website www.dumbdumpers.org .
22. Reducing administrative Burdens - effective inspection and enforcement - Hampton ( HM Treasury March 2005)
23. Streamlining and Simplification of Environment Related Regulatory Requirements for Companies - Final report of the BEST project Expert Group - EC Directorate General Enterprise and Industry May 2006) page 52
24. Hampton, P Reducing administrative burdens: effective inspection and enforcement ( HM Treasury March 2005)
25. Environmental Civil Penalties: A more proportionate response to Regulatory breach, Centre for Law and the Environment, University College, London, 2003
26. as referred to in Better Regulation Executive "Regulatory Justice - Sanctioning in a post-Hampton World (Cabinet Office Dec
27. 2005)
28. Environmental Justice Scoping Study - prosecution of Environmental Crimes in Scotland (Scottish Executive September
29. 2003)
30. Sanctions for Pollution: Do we have the right regime?, Ogus, Anthony and Abbot, Carolyn
31. Environmental Justice Scoping Study - prosecution of Environmental Crimes in Scotland (Scottish Executive September 2003)
32. Regulatory Justice: Sanctioning in a Post-Hampton World. Cabinet Office/Better Regulation Executive
33. Environmental Justice Scoping Study - prosecution of Environmental Crimes in Scotland (Scottish Executive September 2003) page 26
34. Sanctions for Pollution: Do we have the right regime?, Ogus, Anthony and Abbot, Carolyn
35. Regulatory Justice: Sanctioning in a Post-Hampton World, Cabinet Office/Better Regulation Executive, Dec 2005
36. Modernising Environmental Justice - Regulation and the Role of an Environmental Tribunal Macrory, R and Woods M ( UCL 2003) page 8
37. Environmental Justice Scoping Study - prosecution of Environmental Crimes in Scotland Executive Summary page i and 7 (Scottish Executive Sept 2003). Source for figures = the SEPA Policy and Financial Management Review.
38. Source - Crown Office and Procurator Fiscal Service
39. Environmental Justice Scoping Study - prosecution of Environmental Crimes in Scotland (Scottish Executive Sept 2003)
40. http://www.scotland.gov.uk/Publications/2003/03/16827/20449 Review of the Litter and Flytipping Provisions of the Environmental Protection Act 1990 Karen Raymond and Richard Witney - ERM Ltd. (Scottish Executive 2003)
41. Regulation and the Role of an Environmental Tribunal Macrory, R and Woods, M ( UCL 2003)
42. as quoted in" Modernising Environmental Justice - Regulation and the Role of the Environmental Tribunal" - Macrory, R and Woods M, UCL 2003.
43. Environmental Court Project - Final Report DETR February 2000(see University of Cambridge Department of Land economy
44. Environmental Justice Scoping Study - Prosecution of Environmental Crimes in Scotland (Scottish Executive September 2003)
45. See website of the United Nations Economic Commission for Europe http://www.unece.org/env/pp/ -
46. http://www.scottish-land-court.org.uk/ (Scottish Land Court website)
47. ERM research commissioned by the Scottish Executive - Review of the Litter and Flytipping Provisions of the Environmental Protection Act 1990 (2003)
48. as quoted in" Modernising Environmental Justice - Regulation and the Role of the Environmental Tribunal" - Macrory, R and Woods M, UCL 2003.
49. "Modernising Environmental Justice - Regulation and the Role of the Environmental Tribunal" - Macrory, R and Woods M, UCL 2003. http://www.scotland.gov.uk/Resource/Doc/47095/0025772.pdf (Scottish Executive web site link to A Partnership for a Better Scotland)
50. Public Participation and Consultation in SEPA Regulatory Regimes - Macaulay Research Consultancy Services in collaboration with the Department of Law University of Dundee (Kirsty Blackstock, Elizabeth Kirk, Yen-Chiang Chang and Grant Davidson) March 206. Available on the SEPA website
51. Environmental Justice in SEPA's Environmental Protection Actives - A Report for SEPA (2004), Poustie, Professor Mark, University of Strathclyde Law School
52. link to website www.dumbdumpers.org .
53. For further information on the Aarhus Convention see website of the United Nations Economic Commission for Europe http://www.unece.org/env/pp/ - In particular - The Aarhus Convention - An Implementation Guide, from which the explanations of the Aarhus Convention in this paper are taken.
54. This information is intended to provide a useful reference for the reader - it must be remembered that each signatory to the Convention, including the UK, will, necessarily express the obligations in their own terms, to accommodate legal and cultural differences
55. Species mentioned in Article 4(2) of Directive 79/409/EEC (on the conservation of wild birds) or listed in Annex I or listed in Annexes II and IV to Directive 92/43/EEC (on the conservation of natural habitats and of wild fauna and flora)
56. the habitats of species as in Directive 79/409/EEC (FN2 above) or the natural habitats listed in Annex I to Directive 92.43/EEC and the breeding sites or resting places of the species listed in Annex IV to that Directive
57. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 200 establishing a framework for Community action in the field of water policy ….
58. Academy of European law - The Environmental Liability Directive: Practical Impact and Application http://www.era.int/web/en/html/nodes_main/4_2127_474/Archives/conferences_2005/5_1796_542.htm