|
|
Civil liability for pollution.
|
20.—(1) Where trade effluent, sewage effluent or other polluting matter enters waters and causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage—
|
|
| |
(a) from the occupier of the premises from which the effluent or matter originated unless the entry to the waters was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or
|
|
| |
(b) if the entry to the waters was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of the Principal Act or this Act, from that person.
|
