ATOMIC ENERGY AND THE LAW

Press, Volume XCV, Issue 28261, 26 April 1957, Page 18

ATOMIC ENERGY AND THE LAW

“Many And Varied Problems”

Relatively little was known about atomic energy, but sufficient was known for it to be clear that this new source of power would pose many and varied legal problems. Dr. Ivor L. M. Richardson • Invercargill) said when he speculated on the problems in a paper to Wednesday’s session of the Dominion legal conference. “Further problems will become apparent as our knowledge of atomic energy increases,” he concluded. "The effect of atomicenergy activities on our laws will be studied carefully in the years ahead. In some areas at least, it will be necessary to adapt old legal principles or adopt new ones to meet the challenge of the times. “Last century, our courts and legislatures grappled successfully with the problems which followed in the wake of the industrial revolution. There is no doubt that they will likewise be able to meet the impact on our law of the nuclear age,’’ said Dr. Richardson. Possible Handicap After speaking on existing laws from the standpoint of the protection of the public interest, health and safety, in respect of atomic-energy activities. Dr. Richardson said that it was almost as important to ensure that the laws did not unduly restrict the development of a new technology. Peace-time uses of atomic energy might be handicapped unless regulatory laws were no more stringent than the necessities of health and safety demanded. The overlapping jurisdiction of the Health Department and local bodies in matters of health and safety might prove embarrassing, and indeed burdensome, to the atomic-energy industrialist, even if he were another Government department or a public corporation. A local authority had power to institute proceedings for the abatement of a nuisance. The definitions of “nuisance” for the purposes of the Health, Municipal Corporations and Counties Acts were very broad and the relevant sections of the statutes were declared to be binding on the Crown. Again, at the suit of an individual complaining of a private nuisance, the Court might completely restrain the operation of a plant which created the nuisance. Legal Actions “Since radiation hazards will probably, particularly at the outset, be greatly feared by those who live near plants utilising atomic energy, it is quite likely that such persons—and perhaps even local authorities, too—may institute legal actions to restrict operations though likely to

create these dangers,” said Dr. Richardson. “In view of other available safeguards, it may, therefore, be desirable to ensure by appropriate legislative action that atomic-energy entrepreneurs are not plagued by such suits.” Local authorities had wide powers to enact by-laws. If it were desired to allow them some initiative in the atomic-energy field because of their position as guardians of local interest, perhaps it would be sufficient to give them the same powers of objecting to the location of an atomicenergy industry within their areas as they now possessed under the Health Act with respect to offensive trades. Insurance Dealing with insurance, he said no-one quite knew how much personal and property damage would probably occur if a particular reactor exploded. Even contamination of a community’s water supply might cause unprecedented personal injuries and economic loss. No-one quite knew to what extent radiation injury suffered by one man might affect his descendants.

“For these reasons, insurance companies will be chary of atomic-energy risks,” said Dr. Richardson. “It will certainly lessen the problem of assaying the risk involved in such insurance if the obligations of the atomic-energy entrepreneur are clearly defined. In the interests of society as a whole, it may be desirable to require users of atomic energy to take out a minimum public-liability-insurance coverage. Another possibility would be for the Government to cover such potential damage by means of a compulsory levy along the lines of the earthquake and wardamage insurance.” It had been found in the United States that the magnitude of the risk involved in atomic-energy activities and the fantastically high insurance premiums payable to cover the risk to its full extent acted as a deterrent to atomic-energy industrialists.