Pollution – Recent Case Law Developments

The "polluter pays" principle requires those persons or entities that pollute to take responsibility for the costs that arise from the pollution. This principle requires the polluter to take responsibility for the costs arising from the pollution by either cleaning it up or restoring the environment to the condition it was in prior to being polluted.

The "polluter pays" principle is in essence reflected in the:

• drafting of pollution provisions in environmental legislation

• granting approval for a development subject to conditions relating to the prevention, control and abatement of pollution);

• issuing of administrative orders by regulatory authorities; and

• sentencing metered out by the Courts for environmental crime;