Empress car Co (Abertilly) Ltd v National Rivers Authority
Empress car Co (Abertilly) Ltd v National Rivers Authority
- 1998
- All England Law Reports [1998] 1 All ER 481-495(8) .
HL 5 February 1998. E maintained a diesel oil tank on its premises which drained into a river. An unknown person opened the outlet tank and the contents passed down a storm drain into the river. The NRA charged E with causing polluting matter to enter controlled waters contrary to the Water Resources Act 1991 s85(1). E was convicted. Crown Court upheld the conviction and E appealed to the House of Lords. "Held" E had done something by maintaining an oil tank on its land and on the evidence it must be concluded that it had caused the water to enter controlled waters. Appeal dismissed.
CONTROLLED WATERS
EMPRESS CAR CO (ABERTILLERY) LTD V NATIONAL RIVERS AUTHORITY
POLLUTION LIABILITY
POLLUTION
WATER POLLUTION
WATER RESOURCES ACT 1991 S89
HL 5 February 1998. E maintained a diesel oil tank on its premises which drained into a river. An unknown person opened the outlet tank and the contents passed down a storm drain into the river. The NRA charged E with causing polluting matter to enter controlled waters contrary to the Water Resources Act 1991 s85(1). E was convicted. Crown Court upheld the conviction and E appealed to the House of Lords. "Held" E had done something by maintaining an oil tank on its land and on the evidence it must be concluded that it had caused the water to enter controlled waters. Appeal dismissed.
CONTROLLED WATERS
EMPRESS CAR CO (ABERTILLERY) LTD V NATIONAL RIVERS AUTHORITY
POLLUTION LIABILITY
POLLUTION
WATER POLLUTION
WATER RESOURCES ACT 1991 S89