BOOK V.-DIVISION V. PROCEEDINGS UNDER STATUTES RELATING TO Rivers protected from pollution. The Rivers Pollution Act, 1876. Short title. 8. 1. Interpretation The Rivers Act, 1876, CHAPTER IV. PROCEEDINGS UNDER “THE RIVERS POLLUTION ACT, 1876," IT has been the endeavour of modern legislation to secure, as far as possible, that rivers shall not in future be polluted, and especially that no new sources of pollution shall henceforward be created. The legislation upon this subject is contained in an Act of Parliament (39 & 40 Vict. c. 75), which was passed in the year 1876. A short title is given to this Act by the following section in it : "This Act may be cited for all purposes as The Rivers "Pollution Prevention Act, 1876.'"-39 & 40 Vict. c. 75, s. 1. The Act also contains the following interpretation clause :"In this Act, if not inconsistent with the context, the fol"lowing terms have the meanings hereinafter respectively assigned to them that is to say, 66 : "Person' includes any body of persons, whether corporate "or unincorporate: "Stream' includes the sea to such extent, and tidal "waters to such point, as may, after local inquiry "and on sanitary grounds, be determined by the "Local Government Board, by order published in "the London Gazette. Save as aforesaid, it includes "rivers, streams, canals, lakes, and watercourses, "other than watercourses at the passing of this Act "mainly used as sewers, and emptying directly into "the sea, or tidal waters which have not been deter"mined to be streams within the meaning of this "Act by such order as aforesaid : "Solid matter' shall not include particles of matter in "suspension in water : 'Polluting' shall not include innocuous discoloration : "Sanitary authority' means- 66 "In the metropolis as defined by The Metropolis 66 Saving clauses of the Act. "Elsewhere in England, any urban or rural sanitary authority acting in the execution of The Public "Health Act, 1875.'"-39 & 40 Vict. c. 75, s. 20. The Act contains the following saving clauses, by which certain rights and powers are excluded from its operation :"The powers given by this Act shall not be deemed to pre- The Rivers "judice or affect any other rights or powers now existing or Pollution "vested in any person or persons by Act of Parliament, law, or Act, 1876, custom, and such other rights or powers may be exercised in 8. 16. "the same manner as if this Act had not passed; and nothing "in this Act shall legalise any act or default which would but "for this Act be deemed to be a nuisance or otherwise contrary "to law Provided nevertheless, that in any proceedings for enforcing against any person such rights or powers the Court "before which such proceedings are pending shall take into "consideration any certificate granted to such person under "this Act."-39 & 40 Vict. c. 75, s. 16. 66 66 "This Act shall not apply to or affect the lawful exercise of Id., s. 17. any rights of impounding or diverting water."-39 & 40 Vict. c. 75, s. 17. "Nothing in or done under this Act shall extend to interfere Id., s. 18. "with, take away, abridge, or prejudicially affect any right, "power, authority, jurisdiction, or privilege given by The "Thames Conservancy Acts, 1857 and 1864,' or by The "Thames Navigation Act, 1866,' or by The Lea Conservancy "Act, 1868,' or any Act or Acts extending or amending the "said Acts or either of them, or affect any outfall or other "works of the Metropolitan Board of Works (although beyond "the metropolis) executed under The Metropolis Management "Act, 1855,' and the Acts amending or extending the same, or "take away, abridge, or prejudicially affect any right, power, authority, jurisdiction, or privilege of the Metropolitan Board "of Works."-39 & 40 Vict. c. 75, s. 18. 66 "Where any local authority or any urban or rural sanitary Id. s. 19. "authority has been empowered or required by any Act of "Parliament to carry any sewage into the sea or any tidal "waters, nothing done by such authority in pursuance of such "enactment, shall be deemed to be an offence against this Act." -39 & 40 Vict. c. 75, s. 19. It has been remarked (a), with reference to this Act, that: Scope of the "The scheme of this Act is, speaking generally, to prohibit Act. altogether the putting of solid matters into streams; to prohibit (a) See Fitzgerald's "Rivers Pollution Prevention Act, 1876,” p. 4. Prohibitions imposed by the Act. Prohibitions The Rivers 8. 2. Effect of this section. the establishment of new sources of sewage and manufacturing pollutions; to render compulsory the adoption of the best practicable and available means for rendering harmless polluting matters in the case of sewage and manufacturing pollution existing at the date of the passing of the Act, and in the case of mining pollutions; and to provide a cheap and ready County Court process for enforcing the provisions of the Act.' The scope of the Act, as just indicated, is carried into effect by certain specific prohibitions which it imposes. These are contained in Parts I., II., and III. of the Act. Part I., which is comprised of one section only, explains the law as to solid matters. The section dealing with this subject is as follows: Every person who puts or causes to be put or to fall or "knowingly permits to be put or to fall or to be carried into any stream, so as either singly or in combination with other "similar acts of the same or any other person to interfere with "its due flow, or to pollute its waters, the solid refuse of any manufactory, manufacturing process or quarry, or any rubbish "or cinders, or any other waste or any putrid solid matter, "shall be deemed to have committed an offence against this "Act. 66 66 In proving interference with the due flow of any stream, or "in proving the pollution of any stream, evidence may be "given of repeated acts which together cause such interference or pollution, although each act taken by itself may not be "sufficient for that purpose."-39 & 40 Vict. c. 75, s. 2. 66 It is to be noticed that this section would appear to deal with solid matter generally. For, it is submitted, that though it mentions, in the first place," the solid refuse of any manu"factory, manufacturing process or quarry," yet the words or any rubbish or cinders, or any other waste or any putrid "solid matter," which immediately follow, must not be confined to solid matter of the description first indicated, as they are suffciently general to admit of the more liberal interpretation above set forth. Moreover, the heading of Part I. which is as follows, "Law as to Solid Matters," supports this view. Still, as has been pointed out (b), Part I. " does not contain the whole law as to solid matters, since the law as to solid sewage matter "and as to solid mining refuse is separately dealt with in “Parts II. and III. respectively." The object, therefore, of the present section would appear to be to provide for cases net otherwise included within the provisions of the Act. 66 The section is of a very comprehensive character, as will be observed. Thus it prohibits (1) the obstruction, or (2) the pollution of any stream, by the means indicated. Again, it (b) Fitzgerald's "Rivers Pollution Prevention Act, 1876," p. 5. would appear to render a person liable not for his own acts only, but likewise for the acts of other persons who are in his employment, provided he "knowingly permits" such acts, and even, therefore, it would seem, though he did not expressly authorise such acts. At all events, the words used, as has been pointed out (c), are sufficient to "meet the case of persons "who place solid matter on land in such a position, that it "will be washed into a stream by floods." The present section also facilitates the proof of obstruction or pollution of a stream by providing that "evidence may be “given of repeated acts which together cause such interference or pollution, although each act taken by itself may not be suffi"cient for that purpose." 66 Part II. of the Act deals with the "Law as to Sewage Pollutions." Like Part I. it consists of a single section, which is as follows: 66 against drain "Every person who causes to fall or flow or knowingly Prohibitions permits to fall or flow or to be carried into any stream any "solid or liquid sewage matter, shall (subject as in this Act mentioned) be deemed to have committed an offence against "this Act. 66 66 66 "Where any sewage matter falls or flows or is carried into any stream along a channel used, constructed, or in process "of construction at the date of the passing of this Act for the purpose of conveying such sewage matter, the person causing or knowingly permitting the sewage matter so to fall or flow "or to be carried shall not be deemed to have committed an "offence against this Act if he shows to the satisfaction of the "Court having cognisance of the case that he is using the best "practicable and available means to render harmless the sewage "matter so falling or flowing or carried into the stream. "Where the Local Government Board are satisfied after "local inquiry that further time ought to be granted to any "sanitary authority, which at the date of the passing of this "Act is discharging sewage matter into any stream, or per"mitting it to be so discharged, by any such channel as afore"said, for the purpose of enabling such authority to adopt the "best practicable and available means for rendering harmless "such sewage matter, the Local Government Board may by "order declare that this section shall not, so far as regards the "discharge of sewage matter by such channel be in operation "until the expiration of a period to be limited in the order. "Any order made under this section may be from time to "time renewed by the Local Government Board, subject to "such conditions, if any, as they may see fit. "A person other than a sanitary authority shall not be "guilty of an offence under this section in respect of the (e) Fitzgerald's "Rivers Pollution Prevention Act, 1876,” p. 18. age into streams of sewers. The Rivers Pollution s. 3. -Unless the best practicable and available means taken to render the sewage harm less. -As to which, -Inspectors under Act have power to inspect places and to examine witnesses, &c. The Rivers Pollution Act, 1876, 8. 15. And direc tions may be given as to costs of any inquiry. 66 66 passing of sewage matter into a stream along a drain communicating with any sewer belonging to or under the control "of any sanitary authority, provided he has the sanction of "the sanitary authority for so doing."-39 & 40 Vict. c. 75, S. 3. The prohibition contained in the above section is, however, as regards channels in use at the date of the Act, not absolute, and does not apply where the best practicable and available means have been taken to render the sewage-matter harmless. And in conjunction with the above enactment there must be read the following sections which provide a ready means of obtaining proof that "the best practicable and available means have been taken to render the sewage harmless. The sections referred to provide as follows: 66 "A certificate granted by an inspector of proper qualifications appointed for the purposes of this Act by the Local "Government Board to the effect that the means used for "rendering harmless any sewage-matter or poisonous, noxious, "or polluting solid or liquid matter falling or flowing or carried "into any stream, are the best or only practicable and available "means under the circumstances of the particular case, shall "in all Courts and in all proceedings under this Act be conclu"sive evidence of the fact; such certificate shall continue in "force for a period to be named therein, not exceeding two years, and at the expiration of that period may be renewed "for the like or any less period. 66 "All expenses incurred in or about obtaining a certificate "under this section shall be paid by the applicant for the 66 same. 66 "Any person aggrieved by the grant or the withholding of a certificate under this section may appeal to the Local "Government Board against the decision of the inspector; and "the board may either confirm, reverse, or modify his decision, and may make such order as to the party or parties by whom "the costs of the appeal are to be borne as to the said board may appear just.' -39 & 40 Vict. c. 75, s. 12. 66 Inspectors of the Local Government Board shall, for the "purposes of any inquiry directed by the board under this Act, "have in relation to witnesses and their examination, the pro"duction of papers and accounts, and the inspection of places "and matters required to be inspected, similar powers to those "which the inspectors of the said board have under The "Public Health Act, 1875,' for the purposes of that Act."39 & 40 Vict. c. 75, s. 15. "The Local Government Board may make orders as to the "costs incurred by them in relation to inquiries instituted by "them under this Act, and as to the parties by whom such "costs shall be borne; and every such order and every order "for the payment of costs made by the said board under sec |