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Dáil Éireann díospóireacht -
Tuesday, 9 Dec 1997

Vol. 484 No. 3

Written Answers. - Whitegate Oil Spillage.

John Gormley

Ceist:

127 Mr. Gormley asked the Minister for the Marine and Natural Resources whether his Department has carried out an assessment of the cost to the fishing industry as result of the recent oil spill at the Whitegate Oil Refinery. [22339/97]

The "polluter pays" principle is enshrined in the Local Government (Water Pollution) Acts, 1977 and 1990 which provide for the assessment of pollution damage to waters and for the costs of remedying and abating same to be recoverable from the polluter.

The Acts make particular provision in relation to: (a) the replacement of fish stocks, (b) the restoration of spawning grounds, (c) the taking of measures to prevent the continuance of the entry or discharge to which the order or notice relates, (d) the removal of polluting matter from waters, (e) the treatment of affected waters so as to mitigate or remedy the effects of the entry or discharge concerned, (f) the making of alternative arrangements for the supply of water for domestic, commercial, industrial, fishery, including fish-farming, agricultural or recreational purposes or the payment of a specified amount to the sanitary authority or other person concerned to defray all or part of the costs of such arrangements, and (g) the making good of any damage to plant or equipment or to any water abstraction or treatment works and any consequential losses incurred by any person by reason of the entry of polluting matter into waters. Any assessment of the costs to the fishing industry would fall to be made in that context.
Civil proceedings may also be brought against a polluter by individuals who can show that they have suffered loss as a result of a pollution incident so that it would be difficult to make an assessment of the total cost at this point.
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