257Occupier of premises responsible for pollution from premises

257 Occupier of premises responsible for pollution from premises

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.

s 257: Am 1998 No 54, Sch 1.14 [2].