Mackie, C orcid.org/0000-0002-8560-2427 and Combe, MM (2019) Charges on Land for Environmental Liabilities: A Matter Of ‘Priority’ For Scotland. Journal of Environmental Law, 31 (1). eqy019. pp. 83-108. ISSN 0952-8873
Abstract
This article examines the viability and utility of introducing a statutory power in Scotland enabling its environmental regulators to take a first-ranking charge over land. It would facilitate recovery of costs incurred in undertaking the unfulfilled environmental obligations of a recalcitrant or financially distressed operator. Such a charge has been characterised as contrary to Scots land law. The article makes two original contributions, the latter of which is pertinent to other jurisdictions considering implementing such a charge. First, Scots land law is found to be receptive to such charges provided there is appropriate publicity and its priority as compared to other charges created in favour of third parties at an earlier date is expressly stated in statute. Second, with the policy rationales for the ‘polluter-pays’ principle of EU environmental law used as a frame through which to understand the multi-faceted functions of corporate environmental liability, such a charge is shown to play an important role in facilitating these. Recommendations are made for its implementation in statute.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | (c) The Author(s) 2018. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com. This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Environmental Law following peer review. The version of record Mackie, C and Combe, MM (2018) Charges on Land for Environmental Liabilities: A Matter Of ‘Priority’ For Scotland. Journal of Environmental Law. eqy019. ISSN 0952-8873 is available online at: https://doi.org/10.1093/jel/eqy019. |
Keywords: | charge on land; charge on premises; security over heritable property; financial provision; environmental liability; polluter-pays principle |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 18 Dec 2017 14:23 |
Last Modified: | 27 Jul 2020 00:39 |
Status: | Published |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/jel/eqy019 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:125324 |