PART II.-LAW AS TO SEWAGE POLLUTIONS. 3. Prohibition as to drainage into streams of sewers. PART III.-LAW AS TO MANUFACTURING AND MINING POLLUTIONS. 4. Prohibition as to drainage into streams from manufactories. 5. Prohibition as to drainage into stream from mines. 6. Restriction on proceedings under this part of the act. PART IV.-ADMINISTRATION OF LAW. 7. Sanitary authority to afford facilities for factories draining into sewers. 8. Power of sanitary authority to enforce act. 9. Power of Lee Conservancy Board to enforce act. 10. Offences to be restrained by summary order of county court. 11. Appeal from county court, and removal of case into High Court of Justice. 12. Certificate of inspector of local government board as to best practicable PART V.-APPLICATION OF THE ACT TO SCOTLAND. 21. Modifications of act in Scotland. PART VI. 22. Application of this act to Ireland. Short title of act. Prohibition as matters into streams. (39 & 40 VICT. CAP. 75.) An Act for making further Provision for the Prevention of Be it therefore enacted by the Queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. This act may be cited for all purposes as "The Rivers Pollution Prevention Act, 1876." Much information on the subject of the various evils for the remedy of which this act has been passed, will be found in the six Reports of the Royal Commissioners appointed in 1868 to inquire into the best means of preventing the Pollution of Rivers. PART I. LAW AS TO SOLID MATTERS. 2. Every person who puts or causes to be put or to fall or to putting solid 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. Prohibition as to drainage 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. This part of the act came into effect immediately on its passing; clause 13, postponing proceedings under the act for twelve months, being confined to Parts II. and III. For definitions of "stream," &c., see s. 20. PART II. LAW AS TO SEWAGE POLLUTIONS. 3. Every person who causes to fall or flow or knowingly into streams of permits to fall or flow or to be carried into any stream any sewers. solid or liquid sewage matter, shall (subject as in this act mentioned) be deemed to have committed an offence against this act. 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 cognizance 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 permitting it to be so discharged, by any such channel as aforesaid, 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 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. A sanitary authority is within the definition of "person" given in s. 20. Besides the provision in the text, the Public Health Act, 1875, sect. 17, expressly provides that nothing in that act shall authorize any local authority to make or use any sewer, drain, or outfall for the purpose of conveying sewage or filthy water into any natural stream or watercourse, or into any canal, pond, or lake, until such sewage or filthy matter is freed from all excrementitious or other foul or noxious matter, such as would affect or deteriorate the purity and quality of the water in such stream or watercourse, or in such canal, pond, or lake. See also sect. 19. See cases cited ante, p. 212. For definition of "stream,' 99 see sect. 20. Prohibition as to drainage into streams Where any local authority have been authorized or required by act of parliament to carry any sewage into the sea or any tidal waters, nothing done by such authority in pursuance of such enactment will be deemed an offence against this act (sect. 19). Proceedings under the section in the text may be taken against a sanitary authority on the part either of some other sanitary authority or of any person or body of persons aggrieved by the commission of the offence (sect. 8). PART III. LAW AS TO MANUFACTURING AND MINING POLLUTIONS. 4. Every person who causes to fall or flow or knowingly permits to fall or flow or to be carried into any stream any from manufac- poisonous, noxious, or polluting liquid proceeding from any factory or manufacturing process shall (subject as in this act mentioned) be deemed to have committed an offence against this act. tories. Prohibition as to drainage into stream from mines. Where any such poisonous, noxious, or polluting liquid as aforesaid 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, or any new channel constructed in substitution thereof, and having its outfall at the same spot, for the purpose of conveying such liquid, the person causing or knowingly permitting the poisonous, noxious, or polluting liquid 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 cognizance of the case that he is using the best practicable and reasonably available means to render harmless the poisonous, noxious, or polluting liquid so falling or flowing or carried into the stream. By clause 7, authorities having control of sewers are to give facilities for enabling manufacturers within their district to carry the liquids proceeding from their factories or manufacturing processes into such sewers, subject to certain conditions. 5. Every person who causes to fall or flow or knowingly permits to fall or flow or to be carried into any stream any solid matter from any mine in such quantities as to prejudicially interfere with its due flow, or any poisonous, noxious, or polluting solid or liquid matter proceeding from any mine, other than water in the same condition as that in which it has been drained or raised from such mine, shall be deemed to have committed an offence against this act, unless in the case of poisonous, noxious, or polluting matter he shows to the satisfaction of the court having cognizance of the case that he is using the best practicable and reasonably available means to render harmless the poisonous, noxious, or polluting matter so falling or flowing or carried into the stream. 6. Unless and until parliament otherwise provides, the fol- Restriction on proceedings lowing enactments shall take effect; proceedings shall not be under this part taken against any person under this part of this act save by of the act. a sanitary authority, nor shall any such proceedings be taken without the consent of the local government board: provided always, that if the sanitary authority, on the application of any person interested alleging an offence to have been committed, shall refuse to take proceedings or apply for the consent by this section provided, the person so interested may apply to the local government board, and if that board on inquiry is of opinion that the sanitary authority should take proceedings, they may direct the sanitary authority accordingly, who shall thereupon commence proceedings. The said board in giving or withholding their consent shall have regard to the industrial interests involved in the case and to the circumstances and requirements of the locality. The said board shall not give their consent to proceedings by the sanitary authority of any district which is the seat of any manufacturing industry, unless they are satisfied, after due inquiry, that means for rendering harmless the poisonous, noxious, or polluting liquids proceeding from the processes of such manufactures are reasonably practicable and available under all the circumstances of the case, and that no material injury will be inflicted by such proceedings on the interests of such industry. Any person within such district as aforesaid, against whom proceedings are proposed to be taken under this part of this act, shall, notwithstanding any consent of the local government board, be at liberty to object before the sanitary authority to such proceedings being taken, and such authority shall, if required in writing by such person, afford him an opportunity of being heard against such proceedings being taken, so far as the same relates to his works or manufacturing processes. The sanitary authority shall thereupon allow such person to be heard by himself, agents, and witnesses, and after inquiry such authority shall determine, having regard to all the considerations to which the local government board |