Southern Water Authority v Nature Conservancy Council: HL 9 Sep 1992

That a Water Authority was digging a ditch was not a sufficient connection with the land to make them occupiers and capable of committing an offence as occupiers. The statutory provisions were toothless for ‘it needs only a moment to see that this regime is toothless, for it demands no more from the owner or occupier of an SSSI than a little patience.’

Judges:

Lord Mustill

Citations:

Gazette 09-Sep-1992, [1992] 1 WLR 775

Statutes:

Wildlife and Countryside Act 1981 28(5)(a)

Cited by:

CitedTrailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 10 April 2022; Ref: scu.89423