Page 8 - Water Pollution Management - Environmetal Legislation - Your Responsibility
P. 8
Who owns pollution?
Rylands v Fletcher (1866)
Lancashire mill owner sued when water escaped from his mill pond and flooded a local mine.
“A person who for his own purposes brings onto his lands and collects and keeps there, anything likely to do
mischief if it escapes must keep it at his peril…
...is prima facie answerable for the damages resulting from its escape even if he has taken the utmost care to
protect it from escaping”.
(Blackburn J)
Lessons Learnt
1. Liability does not depend on proof of carelessness, strict liability will apply.
2. We have a duty to ensure that anything we release into the environment will not
cause harm to the environment.
3. The polluter will pay for the costs associated with his actions.
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