ABSTRACT

The early regulation of water was placed firmly in the hands of local government and their role was increased with the passing of the Public Health Act 1875 and the Rivers (Prevention of Pollution) Act 1876. The new legislation made the municipal councils the enforcement agencies for the new offence of discharging or dumping sewage, industrial or mining wastes into the rivers. However, the new legislation was largely ineffective, due to the defence of ‘best practicable and available means’ of rendering any waste harmless. This often led to inertia, as industries often argued that there were no means by which to clean up the pollution, and the municipalities had a problematic role, having the function both of promoting manufacturing industries in their regions and ensuring that the same industries were not polluting.5