Water Pollution

Water Pollution 293 United Kingdom Water Pollution Two important developments in relation to water pollution, and the Control of Pol- lution Act 1974, Part II' (COPA II) specifically, occurred during May 1987. COPA II: the first private prosecution Under the Rivers (Prevention of Pollution) Act 1961,2 parties, other than the pollu- tion control authority,3 wishing to undertake a prosecution required the consent of the Attorney-General. On 31 January 19854 this requirement was repealed, by Schedule 4 of COPA II, and on 14 May 1987 the right to prosecute was used for the first time by a member of the public. In the case in question, Mr David Wales, the Secretary of the Thames Valley Fisheries Preservation Consultative Association, alleged that the sewage treatment works maintained by Thames Water Authority at Aylesbury, on the River Thames, had breached its consent, contrary to section 32 (1). This section provides that it is an offence to "cause or knowingly permit (a) trade or sewage effluent to be discharged" into a river, unless the discharge is carried out with the consent of the water authority (WA) and the conditions of that consent are adhered to. Specifically, Mr Wales sought to show that the ammonia http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Estuarine and Coastal Law (in 1993 continued as The International Journal of Marine and Coastal Law) Brill

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Publisher
Brill
Copyright
© 1987 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0106
eISSN
1875-2993
D.O.I.
10.1163/187529987X00301
Publisher site
See Article on Publisher Site

Abstract

293 United Kingdom Water Pollution Two important developments in relation to water pollution, and the Control of Pol- lution Act 1974, Part II' (COPA II) specifically, occurred during May 1987. COPA II: the first private prosecution Under the Rivers (Prevention of Pollution) Act 1961,2 parties, other than the pollu- tion control authority,3 wishing to undertake a prosecution required the consent of the Attorney-General. On 31 January 19854 this requirement was repealed, by Schedule 4 of COPA II, and on 14 May 1987 the right to prosecute was used for the first time by a member of the public. In the case in question, Mr David Wales, the Secretary of the Thames Valley Fisheries Preservation Consultative Association, alleged that the sewage treatment works maintained by Thames Water Authority at Aylesbury, on the River Thames, had breached its consent, contrary to section 32 (1). This section provides that it is an offence to "cause or knowingly permit (a) trade or sewage effluent to be discharged" into a river, unless the discharge is carried out with the consent of the water authority (WA) and the conditions of that consent are adhered to. Specifically, Mr Wales sought to show that the ammonia

Journal

International Journal of Estuarine and Coastal Law (in 1993 continued as The International Journal of Marine and Coastal Law)Brill

Published: Jan 1, 1987

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