The question (15 marks)
Discuss the role of the penal law and of the magistrate's power to abate a public nuisance in the control of pollution. Has that power survived the enactment of the Water Act 1974 and the Air Act 1981? (15 marks)
MU Module I, general laws, the penal law and criminal procedure; pack ch. 03 and case briefs 05 and 06.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Foundations of Environmental Law of Environmental Laws.
Authorities you will need
- Municipal Council, Ratlam v Vardichand
- State of M.P. v Kedia Leather and Liquor Ltd.
- Garnett v Bradley, on the maxim expressio unius est exclusio alterius, cited in Kedia Leather
- Vasant Manga Nikumba v Baburao Bhikanna Naidu, on the meaning of nuisance, cited in Kedia Leather
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.