Councils liable for pollution under fish acts

LOCAL authorities are now liable to prosecution for pollution under fisheries acts following this week's Supreme Court ruling involving a fisheries board and a county council.

The landmark judgment has been welcomed by the Shannon Regional Fisheries Board, which had prosecuted Cavan County Council over pollution of a stream running into a tributary of Lough Sheelin. The discharges came from the council's sewage treatment works at Ballyjamesduff, Co Cavan, on December 9th and 13th, 1991.

The case was originally heard at the District Court but was referred to the High Court on several legal issues. Clarification was sought if there was any onus on the prosecution to prove "guilty knowledge" that the defendant knew the discharge of harmful matter was taking place.

The council had also argued that it could not upgrade its sewage treatment works as it had not been able to get funds from the Department of the Environment.

In the High Court, Mr Justice Murphy said it was not essential for the fisheries board to prove knowledge of the incident. The District Court judge should proceed to convict the county council, subject to the option open to the judge under the Probation of Offenders Act.

Cavan County Council appealed this decision to the Supreme Court. In a reserved majority judgment, the Supreme Court dismissed the appeal.

It said the sewage was not discharged inadvertently and so proof of mens rea or knowledge did not arise. On the lack of funding to upgrade the treatment works, the Supreme Court said it was the duty of the county council to monitor the population increase. The population of Ballyjamesduff had not risen from 700 to 1,480 people without there being some clear indications. It was the local authority's duty to plan for this.

Mr Eamonn Cusack, manager of the Shannon Regional Fisheries Board, said the case was of "great importance" and would enable fisheries boards to continue protecting the environment. It was clear that local authorities were not exempt from prosecution under the fisheries acts. They had a duty to ensure that harmful matter was not discharged and to seek to improve their treatment works as populations rose.

A new sewage treatment plant is to be built in Ballyjamesduff. This would be a significant asset in rehabilitating Lough Sheelin, Mr Cusack said.

Shannon Regional Fisheries Board is awaiting decisions from An Bord Pleanala over planning approval for piggeries which might affect the water quality of the country's longest river.