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Contents (1997 - 156)
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Protection of the Environment Operations Act 1997 No 156
Current version for 5 July 2019 to date (accessed 14 December 2019 at 00:58)
Chapter 8 Part 8.5 Section 257
257   Occupier of premises responsible for pollution from premises
(1)  In any proceedings under this Act, the occupier of premises at or from which any pollution occurs is taken to have caused the pollution, unless it is established that:
(a)  the pollution was caused by another person, and
(b)  the other person was not associated with the occupier at the time the pollution occurred, and
(c)  the occupier took all reasonable steps to prevent the pollution.
A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.
(2)  Subsection (1) does not prevent proceedings being taken under this Act against the person who actually caused the pollution.