Appendix A Example of the citation of authority

Consideration of the history of water pollution controls reveals that environmental concerns are very much a modern preoccupation. Smout maintains that: Historically water has been considered a nuisance more than a resource, except where it was a resource for power. It was not a treasure unless it had been rarified. Uisgebaetha whis!y, the water of life came not from a fountain or a holy stoup but from a bottle." #onetheless $eid% has identified signs of an awareness of the limited nature of natural resources in "&'( legislation) which attempted to protect sand dunes. *ccording to Howarth + ,c-illivray. the earliest enactment in /ngland prohibiting water pollution was the *ct for 0unishing #uisances which Cause Corruption of the *ir near Cities and -reat 1owns, dating from ")22.( However, it is generally the case that 3until the early part of the "'th century very little was heard of rivers pollution.4 & 1he first half of the nineteenth century saw a period of rapid deterioration in rivers and estuaries in both Scotland and /ngland. 1his was the result of three factors: the establishment of factories on or near rivers so that they could use water for power and for industrial purposes5 the growth of industrial towns around the manufacturing areas and the introduction of the water6carriage system of waste disposal from around "2"7 onwards.8

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1C Smout #ature Contested : /nvironmental History in Scotland and #orthern /ngland since "&77 9/dinburgh University 0ress, /dinburgh %777: '7. % C $eid 3/nvironmental ;aw: Sifting through the $ubbish4 "''2 <$ %)&, %)8=2. ) *0S I> .(% c.(. 9"&'(:. . ? Howarth + @ ,c-illivray Water Pollution and Water Quality Law 9Shaw + Sons, Crayford %77": &&. ( "% $ic. % c.") 9")22:. & , ;ovett 3$ivers 0ollution 0revention4 9"'(): . <. Inst. Sew. 0urif. )%). 8 @ Hammerton 31he History of /nvironmental ?ater Auality ,anagement in Scotland4 9"'2): )8 J. Inst. Wat. Engrs. ))&, ))85 ; Blein Aspects of River Pollution 9Cutterworths, ;ondon "'(8: ).

1he first statutory control to be exclusively concerned with water pollution was passed in "28&2 and applied to both Scotland and /ngland. 1his *ct, and subseDuent water pollution control legislation' left many !ey terms undefined and the Eudiciary have been active in interpreting the law. In particular, there has been a lot of Eudicial activity"7 involved in defining the phrase to 3cause or !nowingly permit4 from the main pollution offence."" However, almost all this Eudicial activity was south of the border. 1he only reported case on this issue in Scotland was Lockhart v. ational

!oal "oard."% 1he impact on enforcement is not clear, however, such confusion may have contributed to the low levels of prosecutions. 1he impact on the environment is also unclear, however, the environmental regulator has recently issued warnings about the extent of water pollution in Scotland.")

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$ivers 0ollution 0revention *ct "28&. /.g. $ivers 90revention of 0ollution: 9Scotland: *ct "'("5 $ivers 90revention of 0ollution: 9Scotland: *ct "'&(. "7 /.g. Alphacell Ltd v Woodward F"'8%G % *C 2%.5 Environ#ent Agency$for#erly ational Rivers Authority% v E#press !ar !o. $A&ertillery% Ltd F"'''G % *C %%. "" Control of 0ollution *ct "'8. s)7H5 ?ater $esources *ct "''" s2(. "% "'2" SCC$ '. ") S/0* 3$eview shows rivers at ris! from pollution4 90ress release: )" ,arch %77& Ihttp:==www.sepa.org.u!=news=releases=view.aspJidK)(&+yK%77&L accessed 2="7=78.

Bibliography Hammerton @ 31he History of /nvironmental ?ater Auality ,anagement in Scotland4 9"'2): )8 <. Inst. ?at. /ngrs. ))& Howarth ? + ,c-illivray @ Water Pollution and Water Quality Law 9Shaw + Sons, Crayford %77": Blein ; Aspects of River Pollution 9Cutterworths, ;ondon "'(8: ) ;ovett , 3$ivers 0ollution 0revention4 9"'(): . <. Inst. Sew. 0urif. )%) C $eid 3/nvironmental ;aw: Sifting through the $ubbish4 "''2 <$ %)& S/0* 3$eview shows rivers at ris! from pollution4 90ress release: )" ,arch %77& Ihttp:==www.sepa.org.u!=news=releases=view.aspJidK)(&+yK%77&L accessed 2="7=78 Smout 1C ature !ontested ' Environ#ental (istory in )cotland and orthern England since *+,, 9/dinburgh University 0ress, /dinburgh %777: