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85.(1) Where any damage is caused by poisonous, noxious or polluting waste which has been deposited on land, any person who deposited it or caused or knowingly permitted it to be deposited, in either case so as to commit an offence under Article 5(3) or 18(2) is liable for the damage except where the damage (a)was due wholly to the fault of the person who suffered it; or (b)was suffered by a person who voluntarily accepted the risk thereof. (2) The matters which under Article 5(4)(a) to (c) may be proved by way of defence to a charge of committing an offence under Article 5(3) may be proved also by way of defence to an action brought under paragraph (1) of this Article (the reference in the said sub-paragraph (a) to the charge being construed as a reference to the act alleged to give rise to the liability). (3) In this Article "damage" includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition); "fault" has the same meaning as in the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948; and "land" includes such water as is mentioned in Article 6(4). (4) For the purposes of the following statutory provisions, namely (a)the Fatal Accidents (Northern Ireland) Order 1977; (b)the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948; and (c)the Limitation Acts (Northern Ireland) 1958 to 1976, (5) Paragraph (1) is without prejudice to any liability which arises apart from the provisions of this Article.
© 1978 Crown Copyright
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