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POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 85



85.(1) Where any damage is caused by poisonous, noxious or polluting waste
which has been deposited on land, any person who deposited it or caused or
knowingly permitted it to be deposited, in either case so as to commit an
offence under Article 5(3) or 18(2) is liable for the damage except where the
damage

(a)was due wholly to the fault of the person who suffered it; or

(b)was suffered by a person who voluntarily accepted the risk thereof.

(2) The matters which under Article 5(4)(a) to (c) may be proved by way of
defence to a charge of committing an offence under Article 5(3) may be proved
also by way of defence to an action brought under paragraph (1) of this
Article (the reference in the said sub-paragraph (a) to the charge being
construed as a reference to the act alleged to give rise to the liability).

(3) In this Article

"damage" includes the death of, or injury to, any person (including any
disease and any impairment of physical or mental condition);

"fault" has the same meaning as in the Law Reform (Miscellaneous Provisions)
Act (Northern Ireland) 1948; and

"land" includes such water as is mentioned in Article 6(4).

(4) For the purposes of the following statutory provisions, namely

(a)the Fatal Accidents (Northern Ireland) Order 1977;

(b)the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948; and

(c)the Limitation Acts (Northern Ireland) 1958 to 1976,

(5) Paragraph (1) is without prejudice to any liability which arises apart
from the provisions of this Article.



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© 1978 Crown Copyright

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