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REGULATION, CRIME AND POLLUTION FROM ABANDONED COAL MINES

REGULATION, CRIME AND POLLUTION FROM ABANDONED COAL MINES REGULATION, CRIME AND POLLUTION FROM ABANDONED COAL MINES Anne Jones* i. Introduction The main objective of this article is to identify the problems surrounding the legislative control of water pollution from abandoned mines and to suggest solutions to this problem. The issue of criminal liability is of particular concern to successors to former British Coal property following the privatisation of the British coal industry in 1994 and the changes to the Water Resources Act 1991 (WRA), which are due to be introduced at the end of 1999. In addition, the closure of mining sites can lead to many issues of civil liability which are beyond the scope of this paper. It is suggested that where a mine operator is clearly responsible for pollution from an abandoned mineral site that party should be liable in order to satisfy the polluter pays principle.1 However, it is further suggested that strict criminal liability is inappro- priate where the original polluter no longer exists and where the primary concern is for 'remediation'2 rather than punishment. In the context of the British mining indus- try there are a number of situations which must be considered. Firstly, the owners or operators of all types of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Environmental Law Oxford University Press

REGULATION, CRIME AND POLLUTION FROM ABANDONED COAL MINES

Jones, Anne
Journal of Environmental Law , Volume 8 (1) – Jan 1, 1996
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Publisher
Oxford University Press
Copyright
© Oxford University Press
ISSN
0952-8873
eISSN
1464-374X
DOI
10.1093/jel/8.1.43
Publisher site
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Abstract

REGULATION, CRIME AND POLLUTION FROM ABANDONED COAL MINES Anne Jones* i. Introduction The main objective of this article is to identify the problems surrounding the legislative control of water pollution from abandoned mines and to suggest solutions to this problem. The issue of criminal liability is of particular concern to successors to former British Coal property following the privatisation of the British coal industry in 1994 and the changes to the Water Resources Act 1991 (WRA), which are due to be introduced at the end of 1999. In addition, the closure of mining sites can lead to many issues of civil liability which are beyond the scope of this paper. It is suggested that where a mine operator is clearly responsible for pollution from an abandoned mineral site that party should be liable in order to satisfy the polluter pays principle.1 However, it is further suggested that strict criminal liability is inappro- priate where the original polluter no longer exists and where the primary concern is for 'remediation'2 rather than punishment. In the context of the British mining indus- try there are a number of situations which must be considered. Firstly, the owners or operators of all types of

Journal

Journal of Environmental Law – Oxford University Press

Published: Jan 1, 1996

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